Williams v. Catoe et al

Filing 273

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge 260 as the findings of this Court. Plaintiff's motion for default judgment 257 is DENIED. Signed by District Judge Jeremy D. Kernodle on 11/03/20. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
WLLIOTT WILLIAMS, #481914,
Plaintiff,
v.
JEFFREY CATOE, et al.,
Defendants.

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Case No. 6:17-cv-627-JDK-KNM

ORDER DENYING MOTION FOR DEFAULT JUDGMENT
Before the Court is Plaintiff’s motion for default judgment. Docket No. 257.
This action was referred to United States Magistrate Judge K. Nicole Mitchell, who
issued a Report and Recommendation recommending that Plaintiff’s motion be
denied. Docket No. 260.
This Court reviews the findings and conclusions of the Magistrate Judge de
novo only if a party objects within fourteen days of service of the Report and
Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court
examines the entire record and makes an independent assessment under the law.
Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc),
superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file
objections from ten to fourteen days). Here, Plaintiff did not object in the prescribed
period. The Court therefore reviews the Magistrate Judge’s findings for clear error or
abuse of discretion and reviews her legal conclusions to determine whether they are
contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989),
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cert. denied, 492 U.S. 918 (1989) (holding that, if no objections to a Magistrate Judge’s
Report are filed, the standard of review is “clearly erroneous, abuse of discretion and
contrary to law”).
Having reviewed the Magistrate Judge’s Report and Recommendation, the
Court finds no clear error or abuse of discretion and no conclusions contrary to law.
Accordingly, the Court hereby ADOPTS the Report and Recommendation of the
United States Magistrate Judge (Docket No. 260) as the findings of this Court. It is
therefore ORDERED that Plaintiff’s motion for default judgment (Docket No. 257)
is DENIED.
So ORDERED and SIGNED this 3rd day of November, 2020.

___________________________________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE

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