McCaa v. Edwards

Filing 55

ORDER ADOPTING MAGISTRATE JUDGE'S 50 REPORT AND RECOMMENDATION AND DENYING 47 MOTION for Default Judgment as set out herein. Signed by Judge Virginia Emerson Hopkins on 6/16/2015. (JLC)

FILED
2015 Jun-16 PM 12:12
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
ANTHONY WAYNE MCCAA,
Plaintiff,
v.
ETTA EDWARDS,
Defendant.

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) Case No.: 7:12-CV-2688-VEH
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ORDER ADOPTING MAGISTRATE’S
REPORT AND RECOMMENDATION
AND
DENYING MOTION FOR ENTRY OF DEFAULT
The magistrate judge filed a report and recommendation on February 26, 2015,
stating:
Because the plaintiff has failed to show why he is entitled to the amount
of damages he seeks or provide the court with any evidence regarding his
damages, it is RECOMMENDED that the Motion for Default Judgment
be DENIED WITHOUT PREJUDICE for the plaintiff to cure said
deficiencies. The undersigned notes that if the plaintiff files a motion for
entry of default judgment against the defendant with evidence indicating
to the Court the extent of injuries and damages he suffered as a result of
the subject incident, he must also serve the defendant with his motion for
entry of default judgment by mailing the motion to the address the
plaintiff used to effect proper service on the defendant.
(Doc. 50 at 2). In response, the plaintiff has filed a document styled as an “Objection,”

which does not actually object to any portion of the recommendation. Instead, the
plaintiff acknowledges the above statements in the magistrate’s recommendation, and
then claims to have “cured said deficiencies.” (Doc. 52 at 2).
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the Court is of the opinion that the
magistrate judge’s report is due to be, and hereby is, ADOPTED, and his
recommendation is ACCEPTED. The Court EXPRESSLY FINDS that the plaintiff
is not entitled to judgment by default and that his motion is due to be, and is,
DENIED.
DONE and ORDERED this 16th day of June, 2015.

VIRGINIA EMERSON HOPKINS
United States District Judge

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