Johnston v. Johnston
Filing
49
ORDER ADOPTING 42 Report and Recommendations of the United States Magistrate Judge, and DENIES Counter-Plaintiff Patricia Johnston's motion for default judgment without prejudice 40 . Signed by District Judge Jeremy D. Kernodle on 5/8/2024. (wea)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
DANNY JOHNSTON,
Plaintiff / Counter-Defendant,
v.
PATRICIA ANN JOHNSTON,
Defendant / Counter-Plaintiff,
v.
EAST TEXAS OIL FIELD
CONSTRUCTION, LLC,
Counter-Defendant.
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Case No. 6:23-cv-413-JDK
ORDER ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is Counter-Plaintiff Patricia Johnston’s Motion for Default
Judgment as to East Texas Oil Field Construction, LLC. Docket No. 40. This case
was referred to United States Magistrate Judge K. Nicole Mitchell for findings of fact,
conclusions of law, and recommendations for disposition.
On April 19, 2024, Judge Mitchell issued a Report recommending that the
Court deny the motion for default judgment without prejudice. Docket No. 42. Judge
Mitchell further recommended that Patricia Johnston be granted leave to file an
amended counterclaim that adequately alleges diversity jurisdiction. No written
objections have been filed. On April 26, 2024, Patricia Johnston moved for leave to
file an amended counterclaim. Docket No. 46.
1
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superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to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, no objections were filed. The Court therefore reviews the Magistrate
Judge’s findings for clear error or abuse of discretion and reviews the legal
conclusions to determine whether they are contrary to law. See United States v.
Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), 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 the record in this case,
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. 42) as the findings of this Court and
DENIES Counter-Plaintiff Patricia Johnston’s motion for default judgment without
prejudice (Docket No. 40).
So ordered and signed on this
May 8, 2024
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