Lockner v. Washington County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE

AT GREENEVILLE ESTATE OF JOSEPH LOCKNER and ) CHEYENNE ALEXANDER, )

) Plaintiffs, )

) No.: 2:19-CV-220-DCLC-CRW

v. )

) WASHINGTON COUNTY, et al., )

) Defendants. )

ORDER On March 17, 2021, Plaintiffs filed motions for default judgment as to Defendants Wesley Clouse and John Woodard [See Doc. 47 and 48]. United States Magistrate Judge Cynthia R. Wyrick entered a Report and Recommendation [“R&R”] regarding the motion pertaining to Defendant Woodard on April 27, 2021 [Doc. 54] and an R&R as to Defendant Clouse on May 5, 2021 [Doc. 55]. Specifically, the magistrate judge recommends that the Court deny Plaintiffs’ motion for default judgment as to Defendant Woodard and set aside the entry of default against him [Doc. 54]. As to Defendant Clouse, the magistrate judge recommends that the Court deny the motion without prejudice to Plaintiffs refiling the motion once a judgment resolving claims against all inmate-Defendants can be entered [Doc. 55].

The law provides that either party may file written objections to the magistrate judge’s R&R “[w]ithin fourteen days after being served with a copy” of a report and recommendation. 28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report . . . to which objection is made.” Id. Where neither party objects to an R&R, the Court has no duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149-152 (1985).

Here, no party has filed an objection to either R&R, and it is hereby ORDERED that the magistrate Judge’s R&Rs are ADOPTED [Docs. 54 and 55]. It is FURTHER ORDERED that (1) Plaintiffs’ motion for default judgment against Defendant Clouse [Doc. 47] is DENIED WITHOUT PREJUDICE to the refiling of the motion upon entry of final judgment against the inmate-Defendants; and (2) Plaintiffs’ motion for default judgment against Defendant Woodard [Doc. 48] is DENIED, and the Clerk is DIRECTED to vacate the entry of default as to Defendant Woodard.

SO ORDERED.

ENTER: s/Clifton L. Corker

United States District Judge