UNITED STATES OF AMERICA v. Trowbridge, Jr. et al

Filing 57

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION ON DEFAULT JUDGMENTAND ENTRY OF PARTIAL JUDGMENT. Signed by Judge Michael H. Schneider on 9/10/15. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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JOHN PARKS TROWBRIDGE, JR.,
BRIGHT FUTURE INVESTMENTS, INC., §
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and IDEAL ABILITIES,
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Defendants.

CASE NO. 9:14-CV-138-MHS-KFG

MEMORANDUM ORDER ADOPTING
REPORT AND RECOMMENDATION ON DEFAULT JUDGMENT
AND ENTRY OF PARTIAL JUDGMENT
Pursuant to 28 U.S.C. § 636(b) and the Local Rules for the United States District Court,
Eastern District of Texas, the Court referred this proceeding to United States Magistrate Judge
Keith F. Giblin for pretrial management. On August 18, 2015, Judge Giblin issued his Report
and Recommendation on the United States’ pending motion for default judgment filed against
defendants Bright Future Investments, Inc. and Ideal Abilities. Judge Giblin recommended that
this District Court grant the plaintiff’s request and enter judgment against those defendants
declaring that they have no interest in the Tyler County property made the basis of the federal tax
foreclosure proceeding. See Report and Recommendation 9, (Doc. No. 52).
On September 1, 2015, defendant John Parks Trowbridge, Jr., proceeding pro se, filed
objections (Doc. No. 53). The Court accordingly conducted a de novo review of the objections,
the pleadings, the record, and the applicable law. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)

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(2012). After careful consideration, the Court concludes that the objections are without merit.
First, Trowbridge’s objections are based on the frivolous arguments he has made throughout
this proceeding that the Court lacks jurisdiction to consider the United States’ claims seeking
perfection of its federal tax liens and foreclosure. His objections do not specifically address Judge
Giblin’s finding or conclusions related to the motion for default judgment. In fact, he fails to
address the report and recommendation at all. Rather, he appears to argue that somehow the Court
does not have jurisdiction over him because he is a resident of Texas and is geographically excepted
from this Court’s jurisdiction, despite the fact that the United States’ claims are clearly based on
federal law. See 28 U.S.C. § 1331 (“The district courts shall have original jurisdiction of all civil
actions arising under the Constitution, laws, or treaties of the United States”). His objections
therefore fail to point out any error in the magistrate judge’s report with the specificity required
by 28 U.S.C. § 636 and Federal Rule of Civil Procedure 72. See 28 U.S.C. § 636(b)(1)(C) (“A
judge of the court shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.”) (emphasis added); Fed. R.
Civ. P. 72(b) (requiring specific objections).
Secondly, because he is proceeding pro se and is not an attorney, Trowbridge does not have
the standing to lodge objections on behalf of his co-defendants, against which the default
judgment is sought. See 28 U.S.C. § 1654; Rowland v. Cal. Men’s Colony, 506 U.S. 194, 202
(1993) ("the lower courts have uniformly held that 28 U.S.C. § 1654 . . . does not allow
corporations, partnerships, or associations to appear in federal court otherwise than by licensed
counsel”).

Bright Future Investments, Inc., and Ideal Abilities are unrepresented entity

defendants who have failed to appear through counsel. Therefore, to the extent that Trowbridge
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seeks to file objections on their behalf, his objections are precluded.
The Court accordingly OVERRULES defendant Trowbridge’s objections (Doc. No. 53)
in their entirety. Having considered the United States’ request for default judgment and Judge
Giblin’s findings and recommendation, the Court ORDERS that the Report and
Recommendation on Motion for Default Judgment (Doc. No. 52) is ADOPTED. Pursuant to the
magistrate judge’s recommendation, the Court further ORDERS that the motion for default
judgment (Doc. No. 38) is GRANTED.
Accordingly, the Court further ORDERS that judgment is entered in favor of the plaintiff
United States and against defendants Bright Future Investments, Inc., and Ideal Abilities. Having
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fully considered the United States’ claims against them, those parties are TERMINATED as
active defendants. Finally, the Court FINDS, ORDERS, and ADJUDGES that Bright Future
Investments, Inc., and Ideal Abilities, having failed to appear and assert any interest in the Tyler
County property at issue in this case, are adjudged to have no interest in that property. The
claims asserted by the United States against defendant Trowbridge remain pending.

It is SO ORDERED.
SIGNED this 10th day of September, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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