Galjour v. City of Ocean Springs PD

District Court, S.D. Mississippi

Galjour v. City of Ocean Springs PD

Trial Court Opinion

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

LACEY GALJOUR PLAINTIFF

v. CAUSE NO. 1:22CV245-LG-BWR

CITY OF OCEAN SPRINGS PD and JACKSON COUNTY SHERIFF DEPT. DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE AS FRIVOLOUS

BEFORE THE COURT is the [4] Report and Recommendation entered by United States Magistrate Judge Bradley W. Rath. Judge Rath recommends that this § 1983 lawsuit be dismissed as frivolous pursuant to

28 U.S.C. § 1915

(e)(2)(B) because it was filed after the statute of limitations had expired. Plaintiff Lacey Galjour did not file an objection to the Report and Recommendation, and the deadline for filing an objection has expired. Where no party has objected to the Magistrate Judge’s report and recommendation, the Court need not conduct a de novo review of it. See

28 U.S.C. § 636

(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made.”) In such cases, the Court need only satisfy itself that there is no clear error on the face of the record. Douglass v. United Serv. Auto Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996). Having conducted the required review, the Court finds that Judge Rath’s Report and Recommendation is neither clearly erroneous nor contrary to law. This lawsuit is dismissed as frivolous pursuant to

28 U.S.C. § 1915

(e)(2)(B). IT IS THEREFORE ORDERED AND ADJUDGED the [4] Report and Recommendation entered by United States Magistrate Judge Bradley W. Rath is ADOPTED as the opinion of the Court. This lawsuit is hereby DISMISSED as

frivolous pursuant to

28 U.S.C. § 1915

(e)(2)(B). SO ORDERED AND ADJUDGED this the 16th day of November, 2022. Louis Guirola, Jr. s/ LOUIS GUIROLA, JR. UNITED STATES DISTRICT JUDGE

Reference

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