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)

Download PDF
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. ) ) ) ) ) ) Case No.: 7:12-CV-2688-VEH ) ) ) ) ) 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?