Childers v. Gagne

District Court, E.D. Tennessee

Childers v. Gagne

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

RONALD CHILDERS and LAKEISHA ) CHILDERS, ) Case No. 3:18-cv-252 ) Plaintiffs, ) Judge Travis R. McDonough ) v. ) Magistrate Judge Debra C. Poplin ) DONALD GAGNE and ) ONEIDA, TENNESSEE, ) ) Defendants. )

ORDER

On May 20, 2020, United States Magistrate Judge Debra C. Poplin filed her report and recommendation (Doc. 99) pursuant to

28 U.S.C. § 636

(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Poplin recommended that the Court grant in part and deny in part Plaintiffs Ronald Childers and Lakeisha Childers’s motion for default judgment against Defendant Donald Gagne (Doc. 88); adjudge that Defendant Gagne violated

42 U.S.C. § 1983

and committed assault and battery; award Plaintiff Lakeisha Childers $100,000; award Plaintiff Ronald Childers $200,000; and award post-judgment interest and the costs of this action. (Doc. 99, at 13.) Neither party filed objections to the Magistrate Judge’s report and recommendation.1

1 Magistrate Judge Poplin specifically advised the parties that they had fourteen days to object to the report and recommendation and that failure to do so would waive their right to appeal. (Doc. 99, at 13 n.5); see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn,

474 U.S. 140

, 148–51 (1985) (noting that “[i]t does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither The Court has reviewed the report and recommendation, as well as the record, and agrees with Magistrate Judge Poplin’s well-reasoned conclusions. Accordingly, the Court ACCEPTS and ADOPTS the report and recommendation (Doc. 99). The Court GRANTS IN PART and DENIES IN PART Plaintiffs’ motion for default judgment against Defendant Donald Gagne (Doc. 88); ADJUDGES that Defendant Gagne violated

42 U.S.C. § 1983

and committed assault

and battery; AWARDS Plaintiff Lakeisha Childers $100,000; AWARDS Plaintiff Ronald Childers $200,000; and AWARDS post-judgment interest and the costs of this action. AN APPROPRIATE JUDGMENT WILL ENTER.

/s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE

party objects to those findings”). Even taking into account the three additional days for service provided by Fed. R. Civ. P. 6(d), the period to timely file any objections has expired.

Reference

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