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

THERESA HOUSTON PLAINTIFF

V. NO. 1:23-CV-106-DMB-RP

CITY OF COLUMBUS POLICE DEPARTMENT DEFENDANT

ORDER On September 6, 2023, United States Magistrate Judge Roy Percy issued a Report and Recommendation (“R&R”) recommending that Theresa Houston’s “complaint be dismissed for failure to state a claim on which relief may be granted.” Doc. #7 at 1. The R&R warned Houston that her “failure to file written objections to the proposed findings, conclusions, and recommendations … within 14 days” would bar her from “de novo review by a district judge” or appellate review except on plain error grounds. Doc. #7 at 4. No objection to the R&R was filed. Under

(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 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.” Quintero v. State of Texas – Health and Hum. Servs. Comm’n, No. 22-50916,

, at *2 (5th Cir. Aug. 15, 2023) (cleaned up). “[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,

(S.D. Tex. 2017) (citation omitted). Because the Court reviewed the R&R for plain error and concludes that the R&R is neither clearly erroneous nor contrary to law, the R&R [7] is ADOPTED as the order of the Court. This case is DISMISSED without prejudice. A final judgment will be issued separately. SO ORDERED, this 22nd day of September, 2023. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE