Curry v. North MS Medical Center

District Court, N.D. Mississippi

Curry v. North MS Medical Center

Trial Court Opinion

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

JAMES CURRY, JR. PLAINTIFF

V. CIVIL ACTION NO. 1:20-CV-170-SA-DAS

NORTH MISSISSIPPI MEDICAL CENTER DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION

On November 9, 2020, Magistrate Judge Sanders entered a Report and Recommendation [4] in this cause. In doing so, Magistrate Judge Sanders recommended that Curry’s application to proceed in forma pauperis be denied and the action be “dismissed (1) for lack of subject-matter jurisdiction, (2) for failure to assert any claim upon which relief may be granted, and (3) because the plaintiff has been found by this court to have abused his in forma pauperis privileges and is prohibited from proceeding as a pauper in any future case or appeals under the ‘three strikes’ provision of

28 U.S.C. § 1915

(g) without prior permission.” [4, p. 1]. Despite being advised of his ability to file an Objection to the Report and Recommendation within fourteen (14) days, the Plaintiff has not filed any such Objection, and the deadline to do so has now passed. Where no objections to a Report and Recommendation are filed, the Court “need only satisfy itself that there is no plain error on the face of the record.” Gauthier v. Union Pac. R.R. Co.,

644 F.Supp.2d 824, 828

(E.D. Tex. 2009) (citing Douglass v. United Serv. Auto. Ass’n,

79 F.3d 1415

, 1428–29 (5th Cir. 1996)). The Court has reviewed the Report and Recommendation and finds it to be well-reasoned and that there is no plain error. The Court ADOPTS IN FULL the Report and Recommendation [4]. The Plaintiff’s claims are hereby dismissed with prejudice. This CASE is CLOSED. SO ORDERED, this the 3rd day of December, 2020. /s/ Sharion Aycock UNITED STATES DISTRICT JUDGE

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