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Harris v. National Hotel and Casino, LLC

United States District Court, N.D. Mississippi, Greenville Division

April 3, 2015

KENNETH HARRIS, Plaintiff,
v.
NATIONAL HOTEL AND CASINO, LLC, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

DEBRA M. BROWN, District Judge.

On March 4, 2015, U.S. Magistrate Judge Jane M. Virden issued a Report and Recommendation ("R&R") recommending that: (1) Defendant's Motion to Set Aside the Clerk's Entry of Default [20] be granted; and (2) Plaintiff's Motion for Default Judgment [19] be denied. Doc. #26. 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 4. A copy of the R&R was mailed to the pro se plaintiff via United States Postal Service on March 4, 2015. Plaintiff acknowledged receipt of the R&R on March 10, 2015. Doc. #29.

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 Set Aside the Clerk's Entry of Default [20] is GRANTED and Plaintiff's Motion for Default Judgment [19] is DENIED.

SO ORDERED.


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