Opinion
Civil Action 4:21-cv-00811-O
10-18-2021
NAKISHA JACKSON, Plaintiff, v. MAGISTRATE HAL R. RAY, JR., et al., Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
REED O'CONNOR, UNITED STATES DISTRICT JUDGE.
On September 23, 2021, United States Magistrate Judge Jeffrey L. Cureton issued Findings, Conclusions, and Recommendation on Plaintiff's Motions for Default Judgment and Clarification. See ECF No. 18. The parties were permitted to serve and file written objections to the United Magistrate Judge's FCR by October 7. On September 23, Plaintiff filed a Motion to Strike the FCR (ECF No. 19), which this Court construes in part as an objection to the FCR.
The Motion to Strike argues that Judge Cureton should have recused himself under 28 U.S.C. § 455. See Mot. to Strike 2, ECF No. 19. The Court views this argument as frivolous. After reviewing all relevant matters of record in this case, including the United States Magistrate Judge's FCR and objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court believes that the Findings and Conclusions of the Magistrate Judge are correct, and they are accepted as the Findings and Conclusions of the Court.
Even though Jackson has sued a judge in this district, recusal from this Court is also unwarranted. See In re Hipp, Inc., 5 F.3d 109, 116 (5th Cir. 1993); Doddy v. Oxy USA, Inc., 101 F.3d 448, 458 n.7 (5th Cir. 1996). To the extent Jackson requests recusal from this Court, that request is also denied.
Accordingly, the Court DENIES Plaintiff's Motions for Default Judgment (ECF No. 15) and for Clarification/Miscellaneous Relief (ECF No. 16).
SO ORDERED.