Behounek v. Lujan Grisham et al

Filing 47

ORDER by District Judge Judith C. Herrera adopting Proposed Findings and Recommended Disposition 46 , granting Plaintiff's Motion for Court Clerk's Entry of Default 19 , setting aside the clerks entry of default pursuant to Federal Rule of Civil Procedure 55(c) and denying Plaintiff's Motion for Default Judgment 22 . (baw)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOSEPH F. BEHOUNEK, Plaintiff, v. 1:20-cv-00405-JCH-LF MICHELLE LUJAN GRISHAM, et al., Defendants. ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION The Magistrate Judge filed her Proposed Findings and Recommended Disposition on September 28, 2020. Doc. 46. The proposed findings notified the parties of their ability to file objections within fourteen (14) days and that failure to do so waived appellate review. To date, the parties have not filed any objections and there is nothing in the record indicating that the proposed findings were not delivered. Wherefore, IT IS HEREBY ORDERED AS FOLLOWS: 1. The Magistrate Judge’s Proposed Findings and Recommended Disposition (Doc. 46) is ADOPTED; 2. Mr. Behounek’s Motion for Court Clerk’s Entry of Default (Doc. 19) is GRANTED; 3. The clerk’s entry of default is set aside pursuant to Federal Rule of Civil Procedure 55(c); and 4. Mr. Behounek’s Motion for Default Judgment (Doc. 22) is DENIED. _______________________________________ SENIOR UNITED STATES DISTRICT JUDGE

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