Opinion
CIVIL W-22-CV-01083-ADA
09-06-2024
VINCIN CAMPISE, Plaintiff, v. JUDGE BRYAN F. RUSS, COURT COORDINATOR CARRIE VERZENSKI, DISTRICT CLERK BARBARA AXTELL, CHRISTOPHER SMITHERMAN, HECTOR DAVILA, BB&T TRUST BANK, DAVID CLEM, Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE
Before the Court is the Report and Recommendation of United States Magistrate Judge Derek T. Gilliland. ECF No. 53. The report recommends Plaintiff's Motion for Trial Setting (ECF No. 50) and Motion to Dismiss Defendants Judge Bryan F. Russ, Barbara Axtell and Carri Ver-zinski (allegedly misnamed as Carrie Verzenski), and to proceed to a Bench Trial against Defendants Hector Davila, Truist Bank, and Christopher Smitherman (ECF No. 51) be DENIED. The report further recommends that the case be DISMISSED WITH PREJUDICE and that the case be CLOSED. The report and recommendation was filed on August 8, 2023.
A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed.R.Civ.P. 72(b). As of today, neither party has filed objections.
When no objections are timely filed, a district court reviews the magistrate judge's report and recommendation for clear error. See Fed.R.Civ.P. 72 advisory committee's note (“When no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”). The Court has reviewed the report and recommendation and finds no clear error.
IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Gilliland (ECF No. 53) is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff's Motions (ECF Nos. 50, 51) are DENIED in accordance with the Report and Recommendation.
IT IS FURTHER ORDERED that the case be DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that all remaining pending motions are DENIED AS MOOT.
IT IS FINALLY ORDERED that the Clerk of Court is respectfully directed to CLOSE the case.