Page v. Bachus et al, No. 3:2018cv02984 - Document 46 (N.D. Tex. 2021)
Court Description: Order Accepting 43 Findings and Recommendations, denying 40 Plaintiff's Pleading Motion to District Court to Residue, and overruling 45 objections. (Ordered by Judge Sam A. Lindsay on 7/22/2021) (chmb)
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Page v. Bachus et al Doc. 46 Case 3:18-cv-02984-L-BH Document 46 Filed 07/22/21 Page 1 of 2 PageID 298 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION LAWRENCE GENE PAGE, Plaintiff, v. BILL BACHUS, et al., Defendants. § § § § § § § § § Civil Action No. 3:18-CV-2984-L-BH ORDER On April 9, 2021, The Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 43) was entered, recommending that the court construe “Plaintiff’s Pleading Motion to District Court to Residue” (Doc. 40), filed December 18, 2020, as a motion for relief under Federal Rule of Civil Procedure 60(b)(6) and deny the motion for essentially the reasons stated in prior findings and recommendations that were accepted by the undersigned and also because the matters urged by Plaintiff are insufficient to establish the extraordinary circumstances required for relief under Rule 60(b)(6). On April 22, 2021, Plaintiff filed objections to the Report (Doc. 45), asserting that the magistrate judge was unfair because the law he cited shows why he should prevail on his claims against Defendants despite their immunity from suit and notwithstanding the court’s prior rulings. Having considered the motion, record in this case, and Report, and having conducted a de novo review of that portion of the Report to which objection was made, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court overrules Plaintiff’s objections to the Report; construes his motion Order – Page 1 Dockets.Justia.com Case 3:18-cv-02984-L-BH Document 46 Filed 07/22/21 Page 2 of 2 PageID 299 as one for relief under Rule 60(b)(6); and denies the motion for the reasons stated by the magistrate judge. It is so ordered this 22nd day of July, 2021. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2
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