Hall v. City of Waller et al

Filing 43

ORDER ADOPTING 42 Memorandum and Recommendations, GRANTING 41 MOTION for Default Judgment against Adolphus Cannon. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ROBERT HALL,
Plaintiff,
v.
CITY OF WALLER, et al.,
Defendants.

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CIVIL ACTION H-16-3269

ORDER
Pending before the court is a memorandum and recommendation filed by Magistrate Judge
Nancy K. Johnson (“M&R”). Dkt. 42. The M&R considered: (1) plaintiff Robert’s Hall motion for
default judgment against defendant Adolphus Cannon (Dkt. 41); and (2) the court’s order dated April
17, 2018 (Dkt. 40). The M&R recommended granting Hall’s motion and advised Cannon to file
objections by November 19, 2018. Id. at 17. Cannon did not object. “When no timely objection
is filed, the court need only satisfy itself that there is no clear error on the face of the record in order
to accept the recommendation.” See Fed. R. Civ. P. 72(b), Advisory Comm. Note (1983). The court,
having reviewed the M&R, the motion, the order, and the applicable law, and having received no
objections, finds no clear error. Thus, the court ADOPTS IN FULL the M&R (Dkt. 42). For the
reasons stated in the M&R, Hall’s motion for default against Cannon (Dkt. 41) is GRANTED. It
is ORDERED that Cannon is liable to Hall for the claim asserted by Hall against Cannon. Judge
Johnson will schedule a hearing to determine damages at a later date.
This is a FINAL JUDGMENT.
Signed at Houston, Texas on December 11, 2018.
___________________________________
Gray H. Miller
United States District Judge