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HARRIS v. NATIONAL HOTEL AND CASINO, LLC, 4:14-cv-00128-DMB-JMV. (2015)

Court: District Court, N.D. Mississippi Number: infdco20150714891 Visitors: 7
Filed: Jul. 13, 2015
Latest Update: Jul. 13, 2015
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DEBRA M. BROWN , District Judge . On May 27, 2015, U.S. Magistrate Judge Jane M. Virden issued a Report and Recommendation ("R&R") recommending that Defendant's Motion to Dismiss for Failure to State a Claim [27] be granted. Doc. #35. The R&R warned that "any . . . objections [to the R&R] are required to be in writing and must be filed within fourteen days of this date. Failure to timely file written objections . . . will bar an aggrieved party, exc
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ORDER ADOPTING REPORT AND RECOMMENDATION

On May 27, 2015, U.S. Magistrate Judge Jane M. Virden issued a Report and Recommendation ("R&R") recommending that Defendant's Motion to Dismiss for Failure to State a Claim [27] be granted. Doc. #35. The R&R warned that "any . . . objections [to the R&R] are required to be in writing and must be filed within fourteen days of this date. Failure to timely file written objections . . . 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. at 1-2. A copy of the R&R was mailed to the pro se plaintiff via United States Postal Service on May 27, 2015.

More than fourteen days have elapsed since service of the R&R and no objection thereto has been filed or served by any party. Accordingly, this Court's review of the R&R is limited to plain error. See Molina-Uribe v. U.S., No. B:97-97, 2009 WL 3535498, at *15 (S.D. Tex. Sep. 10, 2009) ("In the absence of plain error, a party's failure to object timely to a Magistrate Judge's Report and Recommendation waives any right to further judicial review of that decision.") (citing Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1997)).

The Court has reviewed the R&R and has found no plain error. Accordingly, the R&R is APPROVED and ADOPTED as the opinion of the court. Thus, Defendant's Motion to Dismiss for Failure to State a Claim [27] is GRANTED and this case is hereby DISMISSED.

SO ORDERED.

Source:  Leagle

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