Richard Grega, et al. v. City of Canton, Texas, c/o City Secretary, et al.

District Court, E.D. Texas

Richard Grega, et al. v. City of Canton, Texas, c/o City Secretary, et al.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION RICHARD GREGA, et al., § § § Plaintiffs, § § v. § Case No. 6:25-cv-90-JDK-JDL § CITY OF CANTON, TEXAS, c/o CITY § SECRETARY, et al., § § Defendants. § ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE On September 10, 2025, Plaintiff Richard Grega filed a motion for partial default judgment in this action. Docket No. 71. On October 7, 2025, United States Magistrate Judge John D. Love issued a report recommending that the motion be denied. Docket No. 87. A copy of this report was mailed to Petitioner at his last- known address. To date, Petitioner has not objected to the Report. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation.

28 U.S.C. § 636

(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1430

(5th Cir. 1996) (en banc), superseded on other grounds by statute,

28 U.S.C. § 636

(b)(1) (extending the time to file objections from ten to fourteen days). Here, Petitioner did not object in the prescribed period. The Court therefore reviews the Judge Love’s findings for clear error or abuse of discretion and reviews the legal conclusions to determine whether they are contrary to law. See United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989), cert. denied,

492 U.S. 918

(1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law’). Having reviewed the Magistrate Judge’s Report and the record in this case, the Court finds no clear error or abuse of discretion and no conclusions contrary to law. Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 87) is ADOPTED. Plaintiff's motion for default judgment (Docket No. 71) is DENIED. So ORDERED and SIGNED this 9th day of November, 2025.

JHREMYD. KERN DLE UNITED STATES DISTRICT JUDGE

Reference

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