Mia Tucker v. Kevin McClanahan

Opinion

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

MIA TUCKER PLAINTIFF

V. NO. 3:26-CV-24-DMB-JMV

KEVIN MCCLANAHAN DEFENDANT

ORDER

On February 18, 2026, United States Magistrate Judge Jane M. Virden issued a report (“R&R”) recommending that Mia Tucker’s complaint be dismissed. Doc. #4.1 The R&R warned that “[a] party’s failure to file written objections to the proposed findings, conclusions, and recommendation in a magistrate judge’s report … within (14) fourteen days … shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court.” Id. at 2–3. No objection to the R&R was filed.2 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.” “[P]lain error review applies where, as here, ‘a party did not object to a magistrate judge’s findings of fact, conclusions of law, or recommendation to the district court’ despite being ‘served with notice of the consequences of failing to object.’” Ortiz v. City of S.A. Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015) (quoting United States ex rel. Steury v. Cardinal Health, Inc., 735 F.3d 202, 205 n.2 (5th Cir. 2013)). “[W]here there is no objection, the Court need only determine whether the [R&R] is clearly

1 The document is titled, “Order Granting Motion to Proceed in Forma Pauperis and Recommending Dismissal.” Doc. #4 at 1. 2 A copy of the R&R was mailed to Tucker the day it was filed. 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 Court reviewed the R&R for plain error and concludes the R&R is neither clearly erroneous nor contrary to law, the R&R [4] is ADOPTED as the order of the Court. This

case is DISMISSED without prejudice. SO ORDERED, this 9th day of March, 2026. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE