Schlenker v. Costa Brava Property Owners Association

United States District Court for the Western District of Arkansas

Schlenker v. Costa Brava Property Owners Association

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION GARLAND SCHLENKER and PLAINTIFFS MANDI SCHLENKER

vs. Civil No. 6:14-cv-06068 SKY TAPP and GARLAND COUNTY SHERIFF’S OFFICE DEFENDANTS

REPORT AND RECOMMENDATION OF A UNITED STATES MAGISTRATE JUDGE Before the Court is Sky Tapp’s Motion to Set Aside Writ of Execution, Sale of Executed Real Property, and Other Related Relief. ECF No. 120. With this Motion, Mr. Tapp speculates that certain real property (80 acres) was sold pursuant to a writ of execution in this case. Id. Mr. Tapp admits that he does not know any specific information related to this sale, but he only heard about it from another person. Id. Based upon these alleged facts, or lack thereof, the Court finds no basis for granting the relief Mr. Tapp has requested at this time. Accordingly, I recommend the Court DENY this Motion as premature. The Parties have fourteen (14) days from receipt of this Report and Recommendation in which to file written objections pursuant to

28 U.S.C. § 636

(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The Parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. See Thompson v. Nix,

897 F.2d 356, 357

(8th Cir. 1990). ENTERED this 3rd day of January 2019. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE

Reference

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