UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
GREENEVILLE DIVISION
UNITED STATES OF AMERICA, )
)
) 2:18-CV-00054-DCLC-CRW
Plaintiff,
)
)
vs.
)
)
RICKY A.W. CURTIS,
)
)
Defendant. )
ORDER
This matter is before the Court to consider the Report and Recommendation (“R&R”) of
the United States Magistrate Judge [Doc. 47] which recommends that (1) Defendant be found in
civil contempt for his failure to meet the obligations assumed under the Consent Order [Doc. 27];
(2) that Defendant be fined $100 per day for each day he fails to comply with the Consent Order
beginning with entry of the order finding him to be in civil contempt; (3) that Defendant’s fines be
due and payable to the Clerk of Court every Friday; and (4) that the United States be ordered to
submit an affidavit setting forth its requested attorneys fees and costs incurred in connection with
the filing and prosecution of the Motion for Order to Show Cause [Doc. 34].
The United States filed a Second Motion for Order to Show Cause [Doc. 34] in this matter
requesting that the Court order Defendant to show cause as to why he should not be held in
contempt of the District Court’s Consent Order [Doc. 27] entered on July 14, 2025. That Order
required, in part, that Defendant respond to the United States’ discovery requests and file his
outstanding income tax returns for the tax years 2013 to 2024. The Magistrate Judge held multiple
hearings from December 2025 through February 2026 to permit Defendant opportunities to come
into compliance with the Consent Order. See [Doc. 47, pgs. 2–4]. At the February 24, 2026,
hearing, the Magistrate Judge found that Defendant was still not in compliance with the Consent
Order and was unable to meet his burden to show in detail why he has been unable to comply with
the Court’s orders. Id. at 4–6. The R&R therefore recommends that the Court enforce civil
contempt sanctions against Defendant.
The United States requested that Defendant be fined $250 per day for each day he fails to
comply with the Consent Order. Id. at 6–7. The Magistrate Judge found it more appropriate,
however, to recommend a $100 per day fine to incentivize compliance but at an amount so that the
cost of compliance is not impossible to meet. The United States also asserted that it is entitled to
attorneys’ fees and costs as a second type of civil contempt fine and the Magistrate Judge found
the request to be reasonable and in keeping with the applicable law. Id. at 7 (citing United States
v. Bayshore Assocs., Inc., 934 F.2d 1391, 1400 (6th Cir. 1991)).
The report and recommendation advised that objections to it must be filed within 14 days
and that failure to do so would forfeit any right to appeal. [Doc. 47, pg. 8 n.1]; see Fed. R. Civ. P.
72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (“It does not appear that Congress
intended to require district court review of a magistrate judge’s factual or legal conclusions, under
a de novo or any other standard, when neither party objects to those findings.”). Neither party
objected to the Report and Recommendation.
The Court finds that the parties’ failure to object is a procedural default, waiving review of
the magistrate judge’s findings by this Court. It is well established in the Sixth Circuit that “a
party shall file objections with the district court or else waive right to appeal.” United States v.
Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). The Court therefore ACCEPTS IN WHOLE the
R&R [Doc. 47] under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). For the
reasons in the R&R, which the Court adopts and incorporates into this Order, the United States’
Motion for Order to Show Cause [Doc. 34] is GRANTED IN PART and it is hereby ORDERED:
1. Defendant shall be held in civil contempt for his failure to meet the obligations assumed
under the Consent Order [Doc. 27];
2. Defendant shall be fined $100 per day for each day he fails to comply with the Consent
Order [Doc. 27] beginning with the date of the entry of this Order;
3. Defendant’s fines shall be due and payable to the Clerk of Court every Friday until
Defendant fully complies with his obligations under the Consent Order [Doc. 27]; and
4. The United States shall submit an affidavit setting forth its requested attorney fees and
costs by September 7, 2026 so that it can then be awarded all reasonable fees and costs
incurred in conjunction with the filing and prosecution of the Motion for Order to Show
Cause [Doc. 34].
SO ORDERED:
s/ Clifton L. Corker
United States District Judge
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