Opinion
CIVIL ACTION NO. 1:14-CV-1437
07-16-2015
TUERE BARNES, Plaintiff v. BRANDI MAHAMADOU, Defendant
( ) ORDER AND JUDGMENT
AND NOW, this 16th day of July, 2015, upon consideration of the report (Doc. 29) of Chief Magistrate Judge Martin C. Carlson, recommending the court grant the motion (Doc. 27) to liquidate damages in default judgment filed by pro se plaintiff Tuere Barnes ("Barnes") and enter judgment in the amount of $888.00 in favor of Barnes and against defendant Brandi Mahamadou ("Mahamadou"), and, following an independent review of the record, the court in agreement with the Magistrate Judge's findings, and the court noting that plaintiff has objected (Doc. 30) to the Magistrate Judge's damages calculation, and the court finding plaintiff's objection to be without merit and squarely addressed by Judge Carlson's report, it is hereby ORDERED that:
When a party objects to a magistrate judge's report and recommendation, the district court performs a de novo review of the contested portions of the report. See Behar v. Pa. Dep't of Trans., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir. 1989); 28 U.S.C. § 636(b)(1)(c)). In this regard, Local Rule of Court 72.3 requires written objections to "specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for those objections." LOCAL RULE OF COURT 72.3; also Behar, 791 F. Supp. 2d at 389 (citing Shields v. Astrue, Civ. No. 07-417, 2008 U.S. Dist. LEXIS 74519, at *6 (M.D. Pa. Sept. 8, 2008)). --------
1. The report (Doc. 29) of Chief Magistrate Judge Carlson is ADOPTED in its entirety.
2. Barnes' motion (Doc. 27) to liquidate damages in default judgment is GRANTED to the extent that the court will award damages to Barnes in the amount of $888.00.
3. Judgment is ENTERED in favor of Barnes and against Mahamadou in the amount of $888.00.
4. The Clerk of Court is directed to provide a copy of this order to Mahamadou at her last known address as reflected in Docket Entry 18.
5. The Clerk of Court is directed to CLOSE this case.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania