Buerger v. Clifton et al

Filing 27

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 24 Report and Recommendation. It is therefore ORDERED that Plaintiff's Motion to Reconsider and Reverse Order Setting Aside Default (Dkt. # 20 ) is GRANT ED. The Clerk's Entry of Default (Dkt. # 13 ) is hereby reinstated. Plaintiff is given thirty (30) days from entry of this Memorandum to move for a default judgment in this cause. Signed by District Judge Amos L. Mazzant, III on 2/26/2020. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

MICHELLE M. BUERGER
v.
JIMMY L. CLIFTON, ET AL.

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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 January 30, 2020, the report of the Magistrate Judge (Dkt. #24) was entered containing
proposed findings of fact and recommendations that Plaintiff’s Notice to Court and Objection to
Memorandum Adopting Report and Recommendation, and Motion to Reconsider and Reverse
Order Setting Aside Default (Dkt. #20) be granted.
Having received the report of the United States 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 Plaintiff’s Motion to Reconsider and Reverse Order

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Setting Aside Default (Dkt. #20) is GRANTED. The Clerk’s Entry of Default (Dkt. #13) is
hereby reinstated. Plaintiff is given thirty (30) days from entry of this Memorandum to move
for a default judgment in this cause.
IT IS SO ORDERED.

SIGNED this 26th day of February, 2020.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE