Martinez v. Nueces County Sheriff's Office/Jail et al

Filing 174

ORDER. THE COURT ADOPTS MEMORANDUM AND RECOMMENDATIONS DENYING re: 132 MOTION for Default Judgment against All Defendants, 144 MOTION for Judgment, 131 MOTION FOR DECLARATION OF DEFAULT, 112 MOTION for Judgment, 140 MOTION Unopposed Portion of Motion for Judgment of Default (Signed by Judge Hilda G Tagle) Parties notified.(lrivera, 2)

Case 2:18-cv-00158 Document 174 Filed on 03/08/21 in TXSD Page 1 of 2
United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
FRED G. MARTINEZ,
Plaintiff,
VS.
NUECES COUNTY, et al,
Defendants.

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March 08, 2021
Nathan Ochsner, Clerk

CIVIL NO. 2:18-CV-158

ORDER

The Court is in receipt of the Memorandum and Recommendation (“M&R”) to
deny Plaintiff Fred G. Martinez (“Martinez”) Motions for Default Judgment. Dkt.
No. 145. The Court is also in receipt of Martinez’s objections to the M&R. Dkt. No.
158.
Martinez moved for default judgment because he claimed Defendants had
filed their answer one day after the deadline set by the Court. Dkt. No. 112, 131,
132, 140, 144. The Magistrate Judge determined that the answer was timely
because it was filed within 45 days of Defendants’ receipt of the service of the
summons and amended complaint. Dkt. No. 145.
The Court reviews objected-to portions of a Magistrate Judge’s proposed
findings and recommendations de novo. 28 U.S.C. § 636(b)(1). But if the objections
are frivolous, conclusive or general in nature the court need not conduct a de novo
review. Battle v. United States Parole Comm’n, 834 F.2d 419 (5th Cir. 1987).
Martinez’s objections are legally and factually irrelevant to the issue in the
M&R and the Court OVERRULES Martinez’s objections as frivolous. See id.

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Case 2:18-cv-00158 Document 174 Filed on 03/08/21 in TXSD Page 2 of 2

After review of the briefing, record and relevant law, the Court ADOPTS the
M&R in its entirety and hereby DENIES Martinez’s motions for default judgment,
Dkt. Nos. 112, 131, 132, 140, 144.

SIGNED this 8th day of March, 2021.
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Hilda Tagle
Senior United States District Judge

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