Frankum v. Chapman et al

Filing 59

ORDER ADOPTING 58 REPORT AND RECOMMENDATION, denying plaintiff's 51 MOTION for Default Judgment; granting defendant Pugh's 54 MOTION to Set Aside Default; and referring matter to Magistrate for entry of a scheduling order. Signed by Judge Callie V. S. Granade on 10/21/2011. (copy to pltf) (mab)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION HERBERT E. FRANKUM, Plaintiff, : : vs. : RENATTA CHAPMAN, et al., : Defendants. CIVIL ACTION 08-0373-CG-N : ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. Therefore, the plaintiff’s Motion for Default Judgment (Doc. 51) is hereby DENIED, and defendant Pugh’s Motion to Set Aside Entry of Default (Doc. 53) is GRANTED. This matter is referred to the Magistrate for entry of a scheduling order. DONE and ORDERED this 21st day of October, 2011. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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