Opinion
CAUSE NO. 1:19CV963-LG-RPM
03-31-2021
NIGELLUS DEVONTE DAVIS PLAINTIFF v. WALMART DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
BEFORE THE COURT are the [7] Report and Recommendations entered in this matter by Magistrate Judge Robert P. Myers, Jr. on March 9, 2021. This lawsuit involves allegations by pro se Plaintiff Nigellus Devonte Davis that Defendant Walmart "kept" a personal check of his that he attempted to cash and failed to refund him $8.00 for a 2-liter bottle of Sprite. (See generally Compl., ECF No. 1). After conducting an Omnibus hearing which Plaintiff did not attend, Judge Myers recommended that the instant lawsuit be dismissed without prejudice for failure to prosecute. A copy of the Report and Recommendations was mailed to Plaintiff, but he did not timely file objections.
Plaintiff asks for, inter alia, "500,000,000,000.00 Billion" in damages, as well as a personal Walmart store, a 2020 Bentley convertible, and a residence in Dubai. (Compl., 4-5, ECF No. 1). --------
Where no party has objected to the Magistrate Judge's report and recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). In such cases, the Court need only satisfy itself that there is no clear error on the face of the record. Douglass v. United Serv. Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having conducted the required review, the Court finds that Judge Myers's Report and Recommendations are neither clearly erroneous nor contrary to law.
IT IS THEREFORE ORDERED AND ADJUDGED that the [7] Report and Recommendations are ADOPTED as the opinion of this Court. This lawsuit is DISMISSED WITHOUT PREJUDICE.
SO ORDERED AND ADJUDGED this the 31st day of March, 2021.
/s/_________
LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE