United States of America v. Gray et al

Filing 64

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 31 Report and Recommendations. The United States of Americas Motion for Default Judgment (Dkt. #30) is GRANTED and a final default judgment shall be entered for Plaintiff. Signed by Judge Amos L. Mazzant, III on 11/10/16. (cm, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
V.
JOYCE GRAY, INDIVIDUALLY, AND AS
EXECUTRIX, OF THE ESTATE OF J.L. GRAY
Defendants, and
JP MORGAN CHASE BANK NA, NORTHERN
INSURANCE COMPANY OF NEW YORK and
MARYLAND CASUALTY COMPANY, IPFS
CORPORATION dba IMPERIAL CREDIT
CORPORATION, TEXAS WORKFORCE
COMMISSION,
Defendants (who may claim an interest
in the realty sought to be foreclosed).

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CASE NO. 4:14CV206
Judge Mazzant/Judge Johnson

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF
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 August 25, 2014, the report of Magistrate Judge Don D. Bush (now retired)
was entered containing proposed findings of fact and recommendations that the United States of
America’s Motion for Default Judgment (Dkt. #30) be GRANTED and that the Final Default
Judgment attached to Plaintiff’s motion, see Dkt. #30-2, be entered for Plaintiff. No objections
were filed to the report, and on March 31, 2015, District Judge Richard A. Schell entered a
memorandum adopting the Magistrate Judge’s report and recommendation (see #Dkt. 38).
Subsequently, on July 18, 2016, Judge Schell recused himself, and the case was
reassigned to the undersigned.

See Dkt. 56. As a result of Judge Schell’s recusal, the

memorandum adopting the Magistrate Judge’s report and recommendation (Dkt. #38) was
rescinded. In entering the order to address motions underlying various other orders rescinded due
to Judge Schell’s recusal, the Magistrate Judge’s report and recommendation was erroneously
withdrawn (see Dkt. #57).
In order to accurately reflect the current procedural posture of this case, and to ensure
clarity in the record, the erroneous Order (Dkt #57) was withdrawn. See Dkt. #62. Accordingly,
the Magistrate Judge’s report and recommendation was reinstated and is now properly before the
Court.
Having received the report of the United States Magistrate Judge, and no objections
thereto having been timely filed, this Court is of the opinion that the findings and conclusions of

. the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the Court. Therefore, the United States of America’s Motion for Default
Judgment (Dkt. #30) is GRANTED and a final default judgment shall be entered for Plaintiff.
IT IS SO ORDERED.

SIGNED this 10th day of November, 2016.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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