Colbert v. Boykin

District Court, S.D. Texas

Colbert v. Boykin

Trial Court Opinion

UNITED STATES DISTRICT COURT July 10, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

DONNA COLBERT, § § Plaintiff, § § VS. § Civil Case No. 4:22-CV-02614 § LEE RAY BOYKIN, § § Defendant. §

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the May 30, 2024 Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 50). Judge Bray made findings and conclusions and recommended that Plaintiff’s Motion for Default Judgment, (Dkt. No. 46), be denied. (Dkt. No. 50). The Parties were provided proper notice and the opportunity to object to the M&R. See

28 U.S.C. § 636

(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc.,

434 F.3d 303, 308

(5th Cir. 2005). No plain error appears. Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Judge Bray’s M&R (Dkt. No. 50) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Plaintiffs’ Motion for Default Judgment, (Dkt. No. 46), is DENIED. It is SO ORDERED. Signed on July 10, 2024.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE

Reference

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