Opinion
4:23-CV-241-DMB-JMV
03-18-2024
NANCY JOHNSON PLAINTIFF v. PATRICIA EVANS DEFENDANT
ORDER
DEBRA M. BROWN, UNITED STATES DISTRICT JUDGE
On February 27, 2024, United States Magistrate Judge Jane M. Virden issued a “Report and Recommendations” (“R&R”) recommending that this case be remanded to the Circuit Court of Coahoma County, Mississippi, for lack of subject matter jurisdiction. Doc. #12 at PageID 62. The R&R warned that any objections must be filed within fourteen days and that the “[f]ailure to timely file written objections to the proposed findings[,] conclusions and recommendations will bar an aggrieved party, except upon grounds of plain error, from attacking on appeal unobjected-to proposed factual findings and legal conclusions accepted by the district court.” Id. No objection to the R&R was filed.
Under 28 U.S.C. § 636(b)(1)(C), “[a] judge of the court shall make a de novo determination of those portions of the report to which objection is made.” “[P]lain error review applies where a party did not object to a magistrate judge's findings of fact, conclusions of law, or recommendation to the district court despite being served with notice of the consequences of failing to object.” Quintero v. State of Tex. - Health and Human Servs. Comm'n, No. 22-50916, 2023 WL 5236785, at *1 (5th Cir. Aug. 15, 2023) (cleaned up). “[W]here there is no objection, the Court need only determine whether the report and recommendation is clearly erroneous or contrary to law.” United States v. Alaniz, 278 F.Supp.3d 944, 948 (S.D. Tex. 2017).
The Court reviewed the R&R for plain error and concludes that the R&R is neither clearly erroneous nor contrary to law. So the R&R [12] is ADOPTED as the order of the Court; this case is REMANDED to the Circuit Court of Coahoma County, Mississippi; and this case is CLOSED.
SO ORDERED.