Drain v. Hall, 4:17-CV-50-DMB-DAS. (2017)
Court: District Court, N.D. Mississippi
Number: infdco20171229937
Visitors: 16
Filed: Dec. 28, 2017
Latest Update: Dec. 28, 2017
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DEBRA M. BROWN , District Judge . On August 11, 2017, following a Spears hearing, United States Magistrate Judge David A. Sanders issued a Report and Recommendation recommending that Mississippi Department of Corrections Commissioner Pelicia Hall be dismissed as a defendant due to the absence of her personal involvement in the wrongdoing alleged by Drain. Doc. #14 at 2. The Report and Recommendation warned that failure to file written objections w
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DEBRA M. BROWN , District Judge . On August 11, 2017, following a Spears hearing, United States Magistrate Judge David A. Sanders issued a Report and Recommendation recommending that Mississippi Department of Corrections Commissioner Pelicia Hall be dismissed as a defendant due to the absence of her personal involvement in the wrongdoing alleged by Drain. Doc. #14 at 2. The Report and Recommendation warned that failure to file written objections wi..
More
ORDER ADOPTING REPORT AND RECOMMENDATION
DEBRA M. BROWN, District Judge.
On August 11, 2017, following a Spears hearing, United States Magistrate Judge David A. Sanders issued a Report and Recommendation recommending that Mississippi Department of Corrections Commissioner Pelicia Hall be dismissed as a defendant due to the absence of her personal involvement in the wrongdoing alleged by Drain. Doc. #14 at 2. The Report and Recommendation warned that failure to file written objections within fourteen days would limit review of the Report and Recommendation to plain error. Id. at 3.
Drain acknowledged receipt of the Report and Recommendation on August 17, 2017. Doc. #19. To date, no objections to the Report and Recommendation have been filed. Accordingly, this Court's review of the Report and Recommendation is limited to plain error. Morales v. Mosley, No. 3:13-cv-848, 2014 WL 5410326, at *2 (S.D. Miss. Oct. 22, 2014) (citing Shelby v. City of El Paso, 577 F. App'x 327, 331 (5th Cir. 2014) ("When there has been no objection to a report and recommendation, review is limited to plain error.").
The Court has reviewed the Report and Recommendation and found no plain error. Accordingly:
1. The Report and Recommendation [14] is ADOPTED as the order of the Court;
2. Drain's claims against Pelicia Hall are DISMISSED with prejudice; and
3. Drain's claims against the remaining defendants shall PROCEED.
SO ORDERED.
Source: Leagle
