Cooper, et al v. City of Plano et al

Filing 140

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, denying 62 Motion for Default Judgment filed by Teresa Ward Cooper, Jay S. Cooper, denying 59 REQUEST for Clerk's entry of Default Judgment as to unknown cl erks of the Collin County Clerk's Office; Unknown civilian employees, City of Plano, TX; and unknown police officers, City of Plano Police Department by Jay S. Cooper, Teresa Ward Cooper, denying 57 Motion for Default Judgment filed by Jay S. Cooper. Signed by Judge Michael H. Schneider on 7/12/2011. (kls, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

JAY S. COOPER

V.
CITY OF PLANO, ET AL.

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CASE NO. 4:10-CV-689
Judge Schneider/Judge Mazzant

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On June 17, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiff’s Motion for Default Judgment Against
Defendants City of Plano, Muehlenbeck, Israelson, Glasscock, Neumeyer, Rushin, Gabriel, Angle,
Perez, Perot, Oldham, Kaletta, Deleon, Claggett, Day, Murray, McNulty, Beougher, and an
Unknown Clerk of the Collin County Clerk’s Office (Dkt. #57), Plaintiff’s Request for Default
Judgment Against Defendants Unknown Clerks of the Collin County Clerk’s Office, Unknown
Civilian Employees, City of Plano, Texas; and Unknown Police Officers, City of Plano Police
Department (Dkt. #59) and Plaintiff’s Motion for Default Judgment Against Defendants Unknown
Clerks of the Collin County Clerk’s Office; Unknown Civilian Employees, City of Plano, Texas; and
Unknown Police Officers, City of Plano Police Department (Dkt. #62) should be denied.
The Court, having made a de novo review of the objections raised by Plaintiff, is of the
opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections are
without merit. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate
Judge as the findings and conclusions of this Court.

It is, therefore, ORDERED that Plaintiff’s Motion for Default Judgment Against Defendants
City of Plano, Muehlenbeck, Israelson, Glasscock, Neumeyer, Rushin, Gabriel, Angle, Perez, Perot,
Oldham, Kaletta, Deleon, Claggett, Day, Murray, McNulty, Beougher, and an Unknown Clerk of the
Collin County Clerk’s Office (Dkt. #57), Plaintiff’s Request for Default Judgment Against
Defendants Unknown Clerks of the Collin County Clerk’s Office, Unknown Civilian Employees,
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City of Plano, Texas; and Unknown Police Officers, City of Plano Police Department (Dkt. #59) and
Plaintiff’s Motion for Default Judgment Against Defendants Unknown Clerks of the Collin County
Clerk’s Office; Unknown Civilian Employees, City of Plano, Texas; and Unknown Police Officers,
City of Plano Police Department (Dkt. #62) are DENIED.
IT IS SO ORDERED.
SIGNED this 12th day of July, 2011.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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