Elizabeth Duffy v. Shahabuddeen A. Ally, et al.

Summary

The United States District Court for the Northern District of Mississippi adopted a magistrate judge’s Report and Recommendation recommending dismissal of Elizabeth Duffy’s claims for failure to state a claim and lack of subject matter jurisdiction. Because Duffy did not object, the court reviewed the recommendation for plain error, adopted it in full, dismissed the case, and closed the matter.

Holdings

1. When no objections are filed to portions of a magistrate judge's Report and Recommendation, the district court need only determine whether there is plain error on the face of the record.
2. The court found no plain error, adopted the Report and Recommendation in full, and dismissed the plaintiff's claims for failure to state a claim on which relief may be granted and for lack of subject matter jurisdiction.

Questions Presented

1. Whether the district court should review the unobjected-to Report and Recommendation for plain error.
2. Whether the Report and Recommendation recommending dismissal for failure to state a claim and lack of subject matter jurisdiction should be adopted.

Disposition

dismissed