Apr 26, 2021
USCA JUDGMENT as to 16 Notice of Appeal filed by Brian Smith. Under 5th Cir. R. 42.3, the appeal is dismissed as of April 26, 2021, for want of prosecution. The appellant failed to timely file appellant’s brief and record excerpts. (Attachments: # 1 USCA Letter)(ljw, ) (Entered: 04/26/2021)
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.
Nov 23, 2020
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.”
U.S. District Court
Eastern District of TEXAS [LIVE] (Lufkin)
CIVIL DOCKET FOR CASE #: 9:20-cv-00118-RC-KFG
|Smith v. Deutsche Bank National Trust Company, As Trustee et al
Assigned to: District Judge Ron Clark
Referred to: Magistrate Judge Keith F. Giblin
Cause: 28:1332 Diversity-Notice of Removal
|Date Filed: 05/22/2020
Date Terminated: 11/23/2020
Jury Demand: None
Nature of Suit: 290 Real Property: Other
individually and as an heir and personal representative of the estates of Mary Greer and Willie Greer
|represented by||Brian Smith
510 Ross Graves Drive
Timpson, TX 75975
|Deutsche Bank National Trust Company
as trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-9, Asset Backed Certificates, Series 2006-9, or Successor(s) in interest
|represented by||Richard Dwayne Danner
McGlinchey Stafford, PLLC
6688 North Central Expressway, Suite 400
Dallas, TX 75206
ATTORNEY TO BE NOTICEDDaniel Pasquale Troiano
Clark Hill – Frisco
2600 Dallas Parkway
Frisco, TX 75034
ATTORNEY TO BE NOTICED
|Washington Mutual Bank|
|Date Filed||#||Docket Text|
|05/22/2020||1||NOTICE OF REMOVAL by Deutsche Bank National Trust Company, As Trustee from District Court of Shelby County, Texas, case number 20CV35165. (Filing fee $ 400 receipt number 0540-7804985), filed by Deutsche Bank National Trust Company, As Trustee. (Attachments: # 1 Exhibit A, A-1 Docket, # 2 Exhibit A-2 Petition, # 3 Exhibit A-3 Statement Inability to Pay, # 4 Exhibit A-4 Process Request Form, # 5 Exhibit A-5 Citation Issued DB, # 6 Exhibit A-6 Citation Issued WAMU, # 7 Exhibit A-7 Green Card DB, # 8 Exhibit A-8 Mail Unclaimed WAMU, # 9 Exhibit A-9 Form to Pltff, # 10 Exhibit A-10 Email to Pltff, # 11 Exhibit A-11 Corrected Citation Request, # 12 Exhibit A12 Letter from CT Corp, # 13 Exhibit A-13 Citation Issued DB, # 14 Exhibit A-14 Citation SOS, # 15 Exhibit A-15 Service Return on DB, # 16 Exhibit A-16 Records Request, # 17 Exhibit B – CAD Detail, # 18 Civil Cover Sheet, # 19 Supplement Coversheet)(Danner, Richard) (Attachment 18 replaced on 5/22/2020 with flattened image) (bjc, ). Modified on 5/22/2020 (bjc, ). (Entered: 05/22/2020)|
|05/22/2020||2||CORPORATE DISCLOSURE STATEMENT filed by Deutsche Bank National Trust Company, As Trustee identifying Corporate Parent Deutsche Bank, AG for Deutsche Bank National Trust Company, As Trustee. (Danner, Richard) (Entered: 05/22/2020)|
|05/22/2020||3||***ORIGINAL PETITION FILED IN STATE COURT AND INCLUDED IN THE NOTICE OF REMOVAL.***
PETITION against All Defendants.(bjc, ) (Entered: 05/22/2020)
|05/26/2020||4||NOTICE of Attorney Appearance by Daniel Pasquale Troiano on behalf of Deutsche Bank National Trust Company (Troiano, Daniel) (Entered: 05/26/2020)|
|05/29/2020||5||MOTION to Dismiss by Deutsche Bank National Trust Company. (Attachments: # 1 Ex 1, # 2 Ex 2, # 3 Ex 3, # 4 Ex 4, # 5 Ex 5, # 6 Ex 6, # 7 Ex 7, # 8 Ex 8, # 9 Ex 9, # 10 Ex 10, # 11 Ex 11, # 12 Ex 12, # 13 Text of Proposed Order)(Troiano, Daniel) (Entered: 05/29/2020)|
|06/18/2020||6||NOTICE of No Response by Deutsche Bank National Trust Company re 5 MOTION to Dismiss (Troiano, Daniel) Modified on 6/19/2020 (ljw, ). (Entered: 06/18/2020)|
|06/26/2020||7||RESPONSE to 5 MOTION to Dismiss filed by Brian Smith. (ljw, ) (Additional attachment(s) added on 6/26/2020: # 1 Exhibit) (ljw, ). (Entered: 06/26/2020)|
|07/02/2020||8||REPLY to Response to 5 MOTION to Dismiss filed by Deutsche Bank National Trust Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Troiano, Daniel) Modified on 7/6/2020 (ljw, ). (Entered: 07/02/2020)|
|07/13/2020||9||MOTION to Remand to State Court by Brian Smith. (ljw, ) (Entered: 07/14/2020)|
|07/21/2020||10||RESPONSE in Opposition re 9 MOTION to Remand to State Court filed by Deutsche Bank National Trust Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Troiano, Daniel) (Entered: 07/21/2020)|
|09/22/2020||11||REPORT AND RECOMMENDATIONS re 9 MOTION to Remand to State Court filed by Brian Smith & 5 MOTION to Dismiss filed by Deutsche Bank National Trust Company. Signed by Magistrate Judge Keith F. Giblin on 9/22/20. (ljw, ) (Entered: 09/22/2020)|
|10/06/2020||12||OBJECTION to 11 Report and Recommendations by Brian Smith. (ljw, ) (Entered: 10/06/2020)|
|10/19/2020||13||RESPONSE to 12 Objection to Report and Recommendations filed by Deutsche Bank National Trust Company. (Attachments: # 1 Text of Proposed Order)(Troiano, Daniel) (Entered: 10/19/2020)|
|11/23/2020||14||ORDER ACCEPTING 11 REPORT AND RECOMMENDATIONS. Defendant’s Motion to Dismiss 5 pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED. Signed by District Judge Ron Clark on 11/23/20. (ljw, ) (Entered: 11/24/2020)|
|11/23/2020||15||FINAL JUDGMENT that Plaintiff Brain Smith’s claim is dismissed in its entirety, with prejudice. The Clerk is directed to CLOSE this case. This constitutes a final judgment for appeal purposes. Signed by District Judge Ron Clark on 11/23/20. (ljw, ) (Entered: 11/24/2020)|
|12/21/2020||16||NOTICE OF APPEAL as to 14 Order Accepting Report and Recommendations by Brian Smith. (ljw, ) (Entered: 12/21/2020)|
|02/01/2021||17||MOTION for Leave to Appeal in forma pauperis by Brian Smith. (ljw, ) (Entered: 02/01/2021)|
|02/03/2021||18||ORDER granting 17 Motion for Leave to Appeal in forma pauperis. Signed by Magistrate Judge Keith F. Giblin on 2/3/21. (ljw, ) (Entered: 02/04/2021)|
|04/26/2021||19||USCA JUDGMENT as to 16 Notice of Appeal filed by Brian Smith. Under 5th Cir. R. 42.3, the appeal is dismissed as of April 26, 2021, for want of prosecution. The appellant failed to timely file appellant’s brief and record excerpts. (Attachments: # 1 USCA Letter)(ljw, ) (Entered: 04/26/2021)|