Warren v. Rupter et al

Filing 65

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE for 55 Report and Recommendations on default judgment. ORDERED that the Plaintiffs motion for a default judgment (docket no. 24) is hereby DENIED. Signed by Magistrate Judge John D. Love on 9/9/2012. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
MARION C. WARREN

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v.

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JOHN RUPERT, ET AL.

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CIVIL ACTION NO. 6:11cv388

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The Plaintiff Marion Warren, proceeding pro se, filed this civil rights lawsuit under
42 U.S.C. §1983 complaining of alleged deprivations of his constitutional rights. The lawsuit was
originally referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C.
§636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of
Duties to United States Magistrate Judges; however, the parties have subsequently consented to
allow the undersigned Magistrate Judge to enter final judgment in the case pursuant to 28 U.S.C.
§636(c).
Warren filed a motion for a default judgment after an answer was ordered from the
Defendants but was not timely received. The Court issued a show cause order, and the Attorney
General for the State of Texas filed an affidavit attesting that the order to answer had not been
received. An answer has now been filed and the case is proceeding normally.
On July 24, 2012, prior to the transfer of the case to the docket of the Magistrate
Judge pursuant to the consent of the parties, the undersigned Magistrate Judge issued a Report
recommending that the Plaintiff’s motion for default judgment be denied. The parties did not file
objections to this Report; accordingly, they are barred from de novo review by the district judge of
those findings, conclusions, and recommendations and, except upon grounds of plain error, from
appellate review of the unobjected-to proposed factual findings and legal conclusions accepted and
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adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415,
1430 (5th Cir. 1996) (en banc).
The Court has reviewed the pleadings in the case as well as the Report of the
Magistrate Judge originally issued. Upon such review, the Court has determined that the Report of
the Magistrate Judge is correct. It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 55) is hereby
.
ADOPTED as the opinion of the Court. It is further
ORDERED that the Plaintiff’s motion for a default judgment (docket no. 24) is
hereby DENIED.
So ORDERED and SIGNED this 9th day of September, 2012.

___________________________________
JOHN D. LOVE
UNITED STATES MAGISTRATE JUDGE

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