Randle v. Clay County Sheriff, et al

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60470
Conference Calendar
JEFFERY LEE RANDLE,
Plaintiff-Appellant,
versus
CLAY COUNTY SHERIFF'S DEPARTMENT;
LADDIE HUFFMAN; RALPH COLE,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:93-CV-46-S-D
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December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Jeffrey Lee Randle, Mississippi prisoner # 81125, appeals
from the district court's dismissal of his 42 U.S.C. § 1983
action as time-barred. Because Randle failed to object to the
magistrate judge's report and recommendation he is barred on
appeal from attacking, except upon grounds of plain error, the
factual findings and legal conclusions accepted by the district
court. See Douglass v. United Services Auto. Ass'n, 79 F.3d
1415, 1429 (5th Cir. 1996)(en banc). We find that Randle's
claims are barred by the Mississippi three-year statute of

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No. 00-60470
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limitations, and the district court did not err. See Owens v.
Okure, 488 U.S. 235, 249-50 (1989); Miss. Code. Ann. § 15-1-49.
AFFIRMED.

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