Porter v. Louisville Jefferson County Metro Government et al

Filing 159

ORDER Signed by Judge Rebecca Grady Jennings on 11/16/2018 adopting in part Report and Recommendations re 158 Report and Recommendations. Attorney James M. Bolus, Jr., is appointed to serve as Plaintiff Antwain Rashawn Porter's guardian ad litem. cc: Counsel, James M. Bolus, Jr., Esq. (MEJ)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
ANTWAIN RASHAWN PORTER

Plaintiff

v.

Civil Action No. 3:13-CV-923-RGJ-CHL

LOUISVILLE JEFFERSON COUNTY
METRO GOVERNMENT, ET AL.,

Defendants

* * * * *
ORDER
This matter comes before the Court on the Report and Recommendation (the “R&R”) [DE
158] of the United States Magistrate Judge on the issue of whether a guardian ad litem and/or
counsel should be appointed for Plaintiff. This issue was referred United States Magistrate Judge
Colin H. Lindsay. [DE 150]. On June 28, 2018, Judge Lindsey held a hearing and issued a R&R,
finding a guardian ad litem warranted, and recommending attorney Philip M. Longmeyer be
appointed. [DE 158]. No objections were filed to the R&R. This matter is now ripe for
adjudication. For the reasons set forth below, the Court will ACCEPT in part and MODIFY in
part the R&R.
Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72, a district court
may refer a pretrial matter to a magistrate judge for the preparation of a report and
recommendation. “[T]he magistrate judge must promptly conduct the required proceedings and,
when appropriate, issue a written order stating the decision.” Fed. R. Civ. P. 72(a). This Court
must “determine de novo any part of the magistrate judge's disposition that has been properly
objected to.” Fed. R. Civ. P. 72(b)(3). Then, the “district judge may accept, reject, or modify the
recommended disposition…” Id. The Court need not review under a de novo or any other standard

1

those aspects of the report and recommendation to which no specific objection is made. Thomas
v. Arn, 474 U.S. 140, 150, 155 (1985).
Here, no objections were filed to the R&R.1 Thus, the Court may accept the R&R without
de novo review. However, the Court has been made aware that the recommended guardian ad litem
has a conflict of interest preventing him from taking the matter. As a result, a different attorney
willing to serve as guardian ad litem and with no conflict has been identified and the recommended
disposition in the R&R will be modified in that regard. Accordingly, for the foregoing reasons,
IT IS ORDERED as follows:
(1)

The Report and Recommendation of the United States Magistrate Judge, [DE 158],
is accepted in part and modified in part as set forth herein;

(2)

Attorney James M. Bolus, Jr. of Bolus Law Offices, 600 West Main Street, Suite
500, Louisville, Kentucky 40202, is appointed to serve as Plaintiff Antwain
Rashawn Porter’s guardian ad litem.
November 16, 2018

cc:

Counsel
James M. Bolus, Jr., Esq.

1

At the June 28, 2018 hearing held by the United States Magistrate Judge, both the plaintiff and his mother expressed
concerns about his ability to manage his case and the defendants voiced no dissent. [DE 158].
2