Hall v. Shynett et al

Filing 106

ORDER overruling objections and adopting 92 Report and Recommendation. Pltf's 76 Motion for Default Judgment is denied. Signed by Judge Ron Clark on 7/23/15. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION MITCH HALL § VS. § BETTY SHYNETT § CIVIL ACTION NO. 1:13cv233 ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Mitch Hall, proceeding pro se, filed the above-styled civil rights lawsuit against Betty Shynett, Lisa Wood and Robert H. Kane. The court previously referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to 28 U.S.C. § 636 and applicable orders of this Court. Plaintiff has filed a motion asking that a default judgment be entered against defendant Kane (doc. no. 76). The Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge concerning this motion. The Magistrate Judge recommends that the motion be denied. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and pleadings. Plaintiff filed objections to the Report and Recommendation. The court has conducted a de novo review of the objections. After careful consideration, the court is of the opinion that the objections are without merit. The Magistrate Judge correctly concluded that defendant Hall is are not in default in this matter and that the answer he filed complied with the requirements of Federal Rule of Civil Procedure 8. ORDER Accordingly, the objections filed by plaintiff to the Report and Recommendation are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is ADOPTED as the opinion of the court. Plaintiff’s motion for a default judgment is DENIED. So ORDERED and SIGNED this 23 day of July, 2015. ___________________________________ Ron Clark, United States District Judge

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