The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
JAMES DEVON BROWN PETITIONER
v. CIVIL ACTION NO. 1:21-cv-119-TBM-MTP
BURL CAIN RESPONDENT
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the submission of the Report and Recommendation [22]
entered by United States Magistrate Judge Michael T. Parker on January 16, 2025. Judge Parker
recommends denying James Devon Brown’s Motion for Post Conviction Collateral Relief [19] as
successive, as Brown has made no showing that he received authorization from the Fifth Circuit to
file a successive petition. Brown 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.
1996) (en banc); 28 U.S.C. § 636(b)(1)). Having considered Judge Parker’s Report and
Recommendation, the Court finds that it is neither clearly erroneous nor contrary to law.
1 A copy of the Report and Recommendation [22] was mailed to Brown at the address listed on the docket on
January 16, 2025.
IT IS THEREFORE ORDERED AND ADJUDGED that the Report and
Recommendation [22] entered by United States Magistrate Judge Michael T. Parker on January
16, 2025, is ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED AND ADJUDGED that James Devon Brown’s Motion for
Post Conviction Collateral Relief [19] is DENIED as successive.
THIS, the 18th day of February, 2025.
_____________________________
TAYLOR B. McNEEL
UNITED STATES DISTRICT JUDGE