Necaise v. City of Waveland Mississippi

S.D. Mississippi

Necaise v. City of Waveland Mississippi

DecidedSeptember 15, 2025

Docket1:24-cv-00286

StatusUnknown

This text of Necaise v. City of Waveland Mississippi (Necaise v. City of Waveland Mississippi) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Necaise v. City of Waveland Mississippi, (S.D. Miss. 2025).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

CARL DOUGLASS NECAISE PLAINTIFF

v. CIVIL ACTION NO. 1:24-cv-286-TBM-RPM

CITY OF WAVELAND, MISSISSIPPI; LACEY CHERAMIE, Police Officer; DARRYEL LACOST TOWING SERVICE DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the submission of the Report and Recommendation [46] entered by United States Magistrate Judge Robert P. Myers on August 13, 2025. Judge Myers recommends granting the City of Waveland and Officer Cheramie’s Motion for Judgment on the Pleadings [27] and denying Carl Necaise’s Motion for Judgment on the Pleadings [45]. Necaise has not filed an objection to the Report and Recommendation, and the time for filing an objection has expired.1 “When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” FED. R. CIV. P. 72(b) advisory committee’s note to 1983 addition (citations omitted); see Casas v. Aduddell, 404 F. App’x 879, 881 (5th Cir. 2010) (“When a party fails timely to file written objections to the magistrate judge’s proposed findings, conclusions, and recommendation, that party is barred from attacking on appeal the unobjected-to proposed findings and conclusions which the district court accepted, except for plain error”) (citing Douglass v. United Serv. Auto Ass’n, 79 F.3d 1415, 1428-29 (5th Cir.

1 A copy of the Report and Recommendation [46] was mailed to Necaise at the address listed on the docket on August 13, 2025. 1996) (en banc); 28 U.S.C. § 636(b)(1)). Having considered Judge Myers’ Report and Recommendation, the Court finds that it is neither clearly erroneous nor contrary to law. IT IS THEREFORE ORDERED AND ADJUDGED that Report and Recommendation

[46]entered by United States Magistrate Judge Robert P. Myers on August 13, 2025, is ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED AND ADJUDGED that the City of Waveland, Mississippi and Officer Cheramie’s Motion for Judgment on the Pleadings [27] is GRANTED, the Plaintiff’s claims against them are dismissed WITH PREJUDICE, and they are terminated as Defendants on the Court’s docket.

THIS, the 15th day of September, 2025. _____________________________ TAYLOR B. McNEEL UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

CARL DOUGLASS NECAISE PLAINTIFF

v. CIVIL ACTION NO. 1:24-cv-286-TBM-RPM

CITY OF WAVELAND, MISSISSIPPI; LACEY CHERAMIE, Police Officer; DARRYEL LACOST TOWING SERVICE DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the submission of the Report and Recommendation [46] entered by United States Magistrate Judge Robert P. Myers on August 13, 2025. Judge Myers recommends granting the City of Waveland and Officer Cheramie’s Motion for Judgment on the Pleadings [27] and denying Carl Necaise’s Motion for Judgment on the Pleadings [45]. Necaise has not filed an objection to the Report and Recommendation, and the time for filing an objection has expired.1 “When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” FED. R. CIV. P. 72(b) advisory committee’s note to 1983 addition (citations omitted); see Casas v. Aduddell, 404 F. App’x 879, 881 (5th Cir. 2010) (“When a party fails timely to file written objections to the magistrate judge’s proposed findings, conclusions, and recommendation, that party is barred from attacking on appeal the unobjected-to proposed findings and conclusions which the district court accepted, except for plain error”) (citing Douglass v. United Serv. Auto Ass’n, 79 F.3d 1415, 1428-29 (5th Cir.

1 A copy of the Report and Recommendation [46] was mailed to Necaise at the address listed on the docket on August 13, 2025. 1996) (en banc); 28 U.S.C. § 636(b)(1)). Having considered Judge Myers’ Report and Recommendation, the Court finds that it is neither clearly erroneous nor contrary to law. IT IS THEREFORE ORDERED AND ADJUDGED that Report and Recommendation

[46]entered by United States Magistrate Judge Robert P. Myers on August 13, 2025, is ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED AND ADJUDGED that the City of Waveland, Mississippi and Officer Cheramie’s Motion for Judgment on the Pleadings [27] is GRANTED, the Plaintiff’s claims against them are dismissed WITH PREJUDICE, and they are terminated as Defendants on the Court’s docket.

THIS, the 15th day of September, 2025. _____________________________ TAYLOR B. McNEEL UNITED STATES DISTRICT JUDGE

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