Green v. Mitchell
Green v. Mitchell
Trial Court Opinion
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 therein advising that the Court should construe Plaintiff's filing [Doc. 17] 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 United States Magistrate Judge’s Findings, Conclusions, and Recommendation on May 17, 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. 17] is construed as a motion seeking relief under Rule 60(b) and is hereby DENIED. Plaintiff is ADMONISHED that should he persist in the filing of frivolous post-judgment motions, the Court will consider imposing sanctions—including monetary sanctions and a bar on additional filings in this district, unless he first obtains leave of court and pays the applicable filing fee. Ih SO ORDERED this day of May, 2021. Lf nf f (Gee Al R/ CONG fy ED STATES DISTRIGY JUDGE
Reference
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