Cox v. Morris

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

JAMES B. COX d/b/a JC Designs d/b/a PLAINTIFF Wire N Rings

V. NO. 3:18-CV-30-DMB-JMV

JAMES MORRIS, et al. DEFENDANTS

ORDER On January 23, 2020, United States Magistrate Judge Jane M. Virden issued a report and recommendation recommending that the claims brought by James Cox against James Morris be dismissed with prejudice pursuant to a settlement agreement reached in her presence and that the claims asserted by Cox against James Noland be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m). Doc. #67. No party has objected to the report and recommendation. 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.” “[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) (citing United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989)). Because the report and recommendation is neither clearly erroneous nor contrary to law, it is ADOPTED as the order of the Court. Cox’s claims against Morris are DISMISSED with prejudice. Cox’s claims against Noland are DISMISSED without prejudice. A final judgment will issue separately. SO ORDERED, this 13th day of February, 2020. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE