Lindsay v. Hubbert et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS, re: 30 Report and Recommendations and denying 20 Motion for Default Judgment filed by Damien Derrell Lindsey. Signed by Chief District Judge Louis Guirola, Jr on 7/19/16 (PKS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION

DAMIEN DERRELL LINDSEY
v.

PLAINTIFF
CAUSE NO. 1:15CV357-LG-RHW

EVAN HUBBARD, ET AL.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
AND DENYING MOTION FOR DEFAULT JUDGMENT
This cause comes before the Court on the Report and Recommendation of
United States Magistrate Judge Robert Walker entered in this cause on June 9,
2016. Magistrate Judge Walker reviewed plaintiff Lindsey’s Motion for Default
Judgment and the docket in this case, and determined that Lindsey was incorrect in
arguing that the defendants’ answers to his complaint were untimely. The plaintiff
did not object to the Magistrate Judge’s conclusion or the recommendation that the
Motion for Default Judgment should be denied. After review of this matter, the
Court finds that the Report and Recommendation is neither clearly erroneous nor
contrary to law. It will therefore be adopted as the opinion of this Court.
IT IS THEREFORE ORDERED AND ADJUDGED that the Report and
Recommendation of United States Magistrate Judge Robert H. Walker entered in
this cause on June 9, 2016 [30] should be, and the same hereby is, ADOPTED as
the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that the Motion for

Default Judgment [20] is DENIED.
SO ORDERED AND ADJUDGED this the 19th day of July, 2016.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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