Trowbridge, Jr. v. Giblin

Filing 12

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS. Giblin's motion to dismiss 4 is granted in accordance with the magistrate judge's report and recommendation and all other pending motions are DENIED AS MOOT. A final judgment will be entered separately. Signed by Judge Marcia A. Crone on 3/20/17. (ljw, )

UNITED STATES DISTRICT COURT
JOHN PARKS TROWBRIDGE, JR.,
Plaintiff,
v.
KEITH GIBLIN,
Defendant.

EASTERN DISTRICT OF TEXAS

'
'
'
'
'
'
'
'
'

CIVIL ACTION NO. 9:16-cv-86

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
This case was referred to the Honorable Zack Hawthorn, United States Magistrate Judge,
for all pretrial matters pursuant to General Order 05-07. Pending before the court is the “Motion
to Dismiss” (Doc. No. 25) filed by United States Magistrate Judge Keith Giblin (“Giblin”). The
court has received and considered Judge Hawthorn’s report and recommendation, which
recommends that the court grant Giblin’s motion to dismiss. Doc. No. 5. The Plaintiff, John
Parks Trowbridge, Jr. (“Trowbridge”), proceeding pro se, filed objections to the report and
recommendation. Doc. No. 7.1
A party who files timely written objections to a magistrate judge’s report and
recommendation is entitled to a de novo determination of those findings or recommendations to
which the party specifically objects. 28 U.S.C. § 636(b)(l)(c); FED. R. CIV. P. 72(b)(2)-(3).
“Parties filing objections must specifically identify those findings [to which they object].
Frivolous, conclusive or general objections need not be considered by the district court.” Nettles
1. Trowbridge also filed a “Motion to Remand and Objection to This Proceeding for Marcia A. Crone’s
Lack of Authority to Exercise the Judicial Power of the United States or Enter Judgment in this Case; and Motion to
Remand.” (Doc. No. 9.) The court is not considering that motion as Trowbridge subsequently filed a voluntary
withdrawal of that motion. (Doc. No. 11.) Because it is unclear whether Trowbridge also intended to withdraw his
previously filed objections (Doc. No. 7), out of an abundance of caution, the court will consider those objections.
1 of 2

v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by
Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996) (en banc).
The court has undertaken a de novo determination of the report and recommendation, and
the court concludes that Trowbridge’s objections are without merit. It is, therefore, ORDERED
that Judge Hawthorn’s report and recommendation is ADOPTED. Giblin’s motion to dismiss
(Doc. No. 4) is granted in accordance with the magistrate judge’s report and recommendation and
all other pending motions are DENIED AS MOOT.

A final judgment will be entered

separately.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 20th day of March, 2017.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

2 of 2