Buerger v. Clifton et al
Filing
40
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 34 Motion for Default Judgment filed by Michelle M Buerger. It is therefore ORDERED that Plaintiff Michelle M. Buerger's Motion for Default Judgment (Dkt. 34 ) is DENIED. It is further ORDERED that Plaintiff Michelle M. Buerger shall file an amended complaint within fourteen (14) days of entry of this Memorandum Adopting. Failure to comply will result in dismissal under Federal Rule of Civil Procedure 41(b). Signed by District Judge Amos L. Mazzant, III on 2/25/2021. (baf, )
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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 7, 2021, the report of the Magistrate Judge (Dkt. #39) was entered containing proposed
findings of fact and recommendations that Plaintiff Michelle M. Buerger’s Motion for Default
Judgment (Dkt. #34) be denied.
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 Michelle M. Buerger’s Motion for Default
Judgment (Dkt. #34) is DENIED.
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It is further ORDERED that Plaintiff Michelle M. Buerger shall file an amended complaint
within fourteen (14) days of entry of this Memorandum Adopting. Failure to comply will result
in dismissal under Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.
SIGNED this 25th day of February, 2021.
___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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