Ludy v. Emmons et al

Filing 67

ORDER ADOPTING 63 Report and Recommendations, overruling Plaintiff's objections, granting 57 Motion to Set Aside Default, denying 51 Motion to Enforce Judgment, denying Plaintiff's motion for reconsideration and Ordering Defendant Timmons to answer, move, or otherwise plead to Plaintiff's amended complaint within sevens days of this Order. Signed by Judge Dudley H. Bowen on 01/24/2020. (maa)

IN THE UNITED STATES DISTRICT COURT
,i^ ^r, , ; .
U.S.UbiAn''.'
FOR THE SOUTHERN DISTRICT OF GEORGIA

2021) JW 2^ W»06
DUBLIN DIVISION

MITCHELL LUDY,
Plaintiff,
CV 318-033

CONSTANCE PULLINS,Nurse; CERT
SGT.HURST; CERT OFC. SMITH; and
CERT OFC. TIMMONS,
Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which objections have been filed. (Doc. no. 66.)
Plaintiff also filed a reply to Defendant Timmons's motion to set aside default after the

Magistrate Judge issued the R&R, which the Court has considered. (Doc. no. 65.) Nothing
in Plaintiffs objections and reply undermines the Magistrate Judge's recommendation to
warrant a discussion.

Additionally, included his response to Defendant Timmons's motion to set aside
default,(doc. no. 58), Plaintiff filed a motion for reconsideration of the Court's August 22,
2019 Order, setting aside default for Defendants Pullins, Hurst and Smith, (doc. no. 58).

Plaintiff argues the Court should reconsider its August 22nd Order because new information
has come to light showing Defendants Pullins, Hurst and Smith lied in their motions to set
aside default about their knowledge concerning retention ofcounsel and prior involvement in
other lawsuits. However, in the July 23, 2019 R&R, the Magistrate Judge adequately

considered these same facts and arguments, which Plaintiff is now only reiterating. (Doc. no.

41.) Further, Plaintiff did not object to the Magistrate Judge's July 23rd R&R. (Doc. no.
44.) Thus,Plaintiffs motion for reconsideration is DENIED. (Doc. no. 58.)

Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate

Judge as its opinion, OVERRULES Plaintiffs objections, GRANTS Defendant Timmons's
motions to set aside default,(doc. no. 57), DENIES Plaintiffs motion for default judgment
and motion for reconsideration, (doc. nos. 51, 58), and ORDERS Defendant Timmons to

answer, move, or otherwise plead to Plaintiffs amended complaint within seven days of this

Order.

^
SO ORDERED this

^ day of January, 20^,at Augusta, Georgi|

UNITED STATES DISTRICT JUDGJ