Quirk v. Woods et al

Filing 92

ORDER adopting the magistrate judge's 89 Report and Recommendation. Plaintiff's motion for default judgment as to defendant Randle is denied. Defendant Randle's motion to set aside default and motion to file an out of time answer i s granted. Ordered that plaintiff's motion for default judgment as to defendant Stegall is granted with respect to the issue of liability. The Magistrate Judge is directed to conduct an evidentiary hearing with respect to the issue of damages. Signed by Judge Ron Clark on 9/12/2013. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JOSHUA M. QUIRK

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VS.

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MITCH WOODS, et al.,

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CIVIL ACTION NO. 1:10-CV-68

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Joshua M. Quirk, an inmate formerly confined at the Jefferson County
Correctional Facility in Beaumont, Texas, proceeding in forma pauperis, filed this civil rights
action pursuant to 42 U.S.C. § 1983. Plaintiff is represented by court appointed counsel David J.
Healy and Bailey Kathleen Harris.
The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this
Court. The Magistrate Judge recommends plaintiff’s motion to enter default judgment as to
defendant Stegall be granted but denied as to defendant Randle. In addition, the Magistrate
Judge recommends defendant Randle’s motion to set aside default and motion to file an out of
time answer be granted.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No
objections to the Report and Recommendation of United States Magistrate Judge were filed by
the parties.
ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are
correct, and the report of the Magistrate Judge is ADOPTED. Plaintiff’s motion for default

judgment as to defendant Randle is DENIED. Defendant Randle’s motion to set aside default
and motion to file an out of time answer is GRANTED. It is further
ORDERED that plaintiff’s motion for default judgment as to defendant Stegall is
GRANTED with respect to the issue of liability. The Magistrate Judge is directed to conduct an
evidentiary hearing with respect to the issue of damages.
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So ORDERED and SIGNED on September ___, 2013.

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