Buerger v. Clifton et al

Filing 19

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 17 Report and Recommendations. ORDERED that Defendant Jimmy L. Clifton's Motion to Set Aside Default (Dkt. # 15 ) is GRANTED and the Clerk's Entry of Default (Dkt. # 13 ) is SET ASIDE ONLY as to Defendant Jimmy L. Clifton. It is further ORDERED that within fourteen (14) days of the date of this Memorandum, Defendant Jimmy L. Clifton shall file an answer or other responsive pleading to Plaintiff's Complaint (Dkt. #1). Signed by District Judge Amos L. Mazzant, III on 7/24/2019. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

MICHELLE M. BUERGER
v.
JIMMY L. CLIFTON, and PATRICIA
CLIFTON

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Civil Action No. 4:18-CV-78
(Judge Mazzant/Judge Nowak)

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 Magistrate Judge pursuant to 28 U.S.C. § 636.
On June 13, 2019, the report of the Magistrate Judge (Dkt. #17) was entered containing proposed
findings of fact and recommendations that Defendant Jimmy L. Clifton’s (construed) Motion to
Set Aside Default (Dkt. #15) be granted and the Clerk’s Entry of Default as to Defendant be set
aside (Dkt. #13).
Having received the report of the Magistrate Judge, and no objections thereto having been
timely filed, the 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.
It is, therefore, ORDERED that Defendant Jimmy L. Clifton’s Motion to Set Aside
Default (Dkt. #15) is GRANTED and the Clerk’s Entry of Default (Dkt. #13) is SET ASIDE
ONLY as to Defendant Jimmy L. Clifton.

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It is further ORDERED that within fourteen (14) days of the date of this
Memorandum, Defendant Jimmy L. Clifton shall file an answer or other responsive pleading to
Plaintiff’s Complaint (Dkt. #1).
IT IS SO ORDERED.
SIGNED this 24th day of July, 2019.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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