Lloyd v. Sergeant Villarreal

UNITED STATES DISTRICT COURT August 15, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

ERIC WAYNE LLOYD, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:21-CV-00305 § SERGEANT VILLARREAL, et al., § § Defendants. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE On July 7, 2022, United States Magistrate Judge Mitchel Neurock issued his “Memorandum and Recommendation of United States Magistrate Judge” (M&R, D.E. 32), recommending denial of Plaintiff’s motion for entry of default and default judgment. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed.

When no timely objection to a magistrate judge’s M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s M&R. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).

Having reviewed the findings of fact and conclusions of law set forth in the magistrate judge’s M&R (D.E. 32), and all other relevant documents in the record, and finding no clear error, the court adopts as its own the findings and conclusions of the magistrate judge. Accordingly, Plaintiff's motion for entry of default and default judgment (D.E. 27) is DENIED.

ORDERED on August 15, 2022. [phy GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE 2/2