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Flores v. United States Attorney General

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

July 13, 2015

ERIC FLORES, Plaintiff,
v.
UNITED STATES ATTORNEY GENERAL; and FEDERAL BUREAU OF INVESTIGATION, Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

DEBRA M. BROWN, District Judge.

On April 20, 2015, Plaintiff Eric Flores filed a motion to proceed in forma pauperis and a "Motion to Transfer Multidistrict Litigation to the District of Columbia Pursuant to 27 U.S.C. & [sic] for Coordinated and Consolidated Pretrial Proceedings by Judicial Panel for Multidistrict Litigation." Doc. #2; Doc. #3.

On June 3, 2015, U.S. Magistrate Judge Jane M. Virden issued a Report and Recommendation ("R&R") recommending that: (1) Plaintiff's motion to proceed in forma pauperis be granted; (2) Plaintiff's motion to transfer be denied; and (3) "this action be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)." Doc. # 6 at 6. 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 7 (citing Douglass v. United Servs. Auto. Assoc., 79 F.3d 1415 (5th Cir. 1996)). A copy of the R&R was mailed to the pro se plaintiff via United States Postal Service on June 3, 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, 79 F.3d at 1428-29).

The Court has reviewed the R&R and has found no plain error. Accordingly, the R&R [6] is APPROVED and ADOPTED as the opinion of the court. Thus, (1) Plaintiff's motion to proceed in forma pauperis [2] is GRANTED; (2) Plaintiff's motion to transfer [3] is DENIED; and (3) this case is DISMISSED as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).

SO ORDERED.


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