E.D. Tex. Senior Judge Ron Clark: You’ve Had Your Day In Court.

Smith v. Deutsche Bank National Trust Company, As Trustee

(9:20-cv-00118) District Court, E.D. Texas

MAY 22, 2020 | REPUBLISHED BY LIT: JUL 30, 2021

ORDER ACCEPTING REPORT AND GRANTING MOTION TO DISMISS

The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for consideration. On September 22, 2020, the magistrate judge issued his Report and Recommendation, recommending that the District Court grant Defendant’s Motion to Dismiss based on res judicata.

See Report and Recommendation (Doc. No. 11). On October 6, 2020, Plaintiff filed his objections to the Report. Plaintiff’s Objections to Report and Recommendation (Doc. No. 12).

In accordance with 28 United States Code § 636(b), the Court conducted a de novo review of the magistrate judge’s findings, the record, and the applicable law in this proceeding.

After review, the Court finds that Judge Giblin’s findings and recommendations should be accepted.

Plaintiff’s objections do not contain specific objections to Judge Giblin’s findings, instead he attaches a Certificate of Fact from the Office of the Secretary of State.

See Plaintiff’s Objections to Report and Recommendation, at 4 (Doc. No. 12).

The time to submit evidence related to his claim was when he first filed suit on May 6, 20151.

Plaintiff had his day in court, and he has not stated why Judge Giblin’s findings and recommendations are erroneous as required by the statute.

Therefore, Plaintiff’s objections (Doc. No. 12) are overruled because he has failed to file specific objections to Judge Giblin’s findings and recommendations as required. FED. R. CIV. P. 72; Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996).

For the reasons set forth above, Plaintiff’s objections are overruled. The Court accordingly agrees with the magistrate judge’s findings.

Therefore, it is ORDERED that the Report and Recommendation (Doc. No. 11) is ACCEPTED and Defendant’s Motion to Dismiss (Doc. No. 5) pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED.

Ron Clark
Senior Judge
Nov 23, 2020

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— LawsInTexas (@lawsintexasusa) July 23, 2021

Judge wears multiple robes

MAR 16, 2015 | REPUBLISHED BY LIT: JUL 30, 2021

Keith F. Giblin’s favorite piece of clothing is a robe.

After a decade of rocking black, he thought it was time to add a little color to his wardrobe.

The U.S. magistrate appointed to the bench in the Eastern District of Texas in 2004 found the Episcopal Church in his 20s when he was a prosecutor in the U.S. Attorney’s Office.

Law and faith started to mingle when Giblin’s predecessor on the bench, the late Wendell C. Radford Sr., acted as his Confirmation sponsor. Since December, Giblin’s passions reached equal status in his daily life when he was ordained as a priest and became the pastoral leader at St. Paul’s Episcopal Church in Orange.

“During the 20 or more years as an Episcopalian, I found that I was happiest in life when I was busy in the church,” Giblin said earlier this week in his office at the federal courthouse in Beaumont.

Friends from his congregation at St. Mark’s Episcopal Church, including Radford, told him numerous times throughout his life that he’d be a priest one day. He didn’t think he had what it takes until he heard his calling later in life. Giblin signed up for classes at the Iona School for Ministry in Navasota in 2011 and graduated last April.

Giblin, who earned his law degree from South Texas College of Law and a master of law from the University of Houston Law Center, said he found the education at the ministry school as rigorous as any program he’s been in.

“A lot of the priests that taught us had Ph.D. from (University of) Oxford or (University of) Cambridge,” he said. “The education was really excellent.”

Priesthood, like everything else in his life, happened spontaneously. He didn’t plan for it, but it found a way into his life.

Law school was the same. Giblin, the son and grandson of refinery workers, found a job at the Goodyear chemical plant after he graduated from French High School – now Smith Middle School – in Beaumont’s North End, where he grew up.

He was happy there and didn’t plan on doing anything else. Goodyear offered a college tuition reimbursement program, so Giblin signed up for classes at Lamar University and eventually earned a bachelor’s degree in physics. He planned to be a chemical engineer and work at the refinery.

But looking at his grades, he saw that all his As were in liberal arts classes. So he applied to law school. He chose South Texas College of Law and commuted from Beaumont to Houston. He was married, had a 6-month-old son back at home and didn’t want to move away from his hometown.

He now has four sons, of which the youngest – 14-year-old Anthony – was the acolyte who washed Giblin’s hands when he performed his first Eucharist on Christmas Eve after his ordination.

It was a coincidence because the older acolytes, who would have been the ones to set the table, carry the cross and wash the priest’s hands, couldn’t make the service.

Giblin said one of the priests at his church predicted it would happen.

“It’s kind of a funny deal,” Giblin said. “One of my Episcopal priests told me three or four year ago, ‘You’re going to be a priest. And your son is going to wash your hands in communion.’ And that came true.”