Green v. Mitchell

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION LOWELL QUINCY GREEN, ) ) Plaintiff, ) ) v. ) ) HON. K. NICOLE MITCHELL, ) ) Defendant. ) Civil Action No. 3:19-CV-0016-C ORDER Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge advising that the Court should construe Plaintiff's filing [Doc. 13] as a motion seeking relief under Federal Rule of Civil Procedure 60(b) and that the same should be denied.

The Court conducts a de novo review of those portions of the Magistrate Judge’s report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. § 636(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989).

After due consideration and having conducted a de novo review, the Court finds that Plaintiff's objections should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge’s findings and conclusions and finds no error. It is ' Plaintiff filed objections to the Magistrate Judge’s Findings, Conclusions, and Recommendation on February 22, 2021. therefore ORDERED that the Findings, Conclusions, and Recommendation are ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, Plaintiff's filing [Doc. 13] is construed as a motion seeking relief under Rule 60(b) and is hereby DENIED.

Ap SO ORDERED this 42 day of February, 2021, f / fr wry ) appitVT“y fv J Dy Wf fe VEE f uly 7 JYy \ SAMR. CUMMINGS □□□ NIOR TED STATES DISTRICT JUDGE /