SHAW v. SCOGGINS et al

Filing 69

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION - The report and recommendation is accepted and adopted as this Court's opinion. Plaintiff's motion for default judgment as to Defendant Price, ECF No. 42 , is DE NIED. Plaintiff's motion for default judgment against Defendant Scoggins, ECF No. 47 , is DENIED. Defendant Price's motion to set aside the Clerk's default, ECF No. 52 , is GRANTED. Defendant Scoggins' motion to set aside the Clerk's default, ECF No. 65 , is GRANTED. IT IS FURTHER ORDERED that Defendants Price and Scoggins shall file their responsive pleadings to the Complaint on or before 9/11/2017. This case is REMANDED to the Magistrate Judge for further proceedings. Signed by JUDGE MARK E WALKER on 8/31/2017. (cle)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DAVID WILLIAM SHAW, Plaintiff, v. Case No. 4:16cv549-MW/CAS MR. SCOGGINS, P.A., MRS. C. GLAVEY, R.N., and MRS. C. PRICE, R.N., Defendants. ___________________________/ ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation. ECF No. 68. Upon consideration, no objections having been filed by the parties, IT IS ORDERED: The report and recommendation is accepted and adopted as this Court’s opinion as follows: Plaintiff’s motion for default judgment as to Defendant Price, ECF No. 42, is DENIED; Plaintiff’s motion for default judgment against Defendant Scoggins, ECF No. 47, is DENIED; Defendant Price’s motion to set aside the Clerk’s default, ECF No. 52, is GRANTED; and 1 Defendant Scoggins’ motion to set aside the Clerk’s default, ECF No. 65, is GRANTED. IT IS FURTHER ORDERED that Defendants Price and Scoggins shall file their responsive pleadings to the Complaint on or before September 11, 2017. This case is REMANDED to the Magistrate Judge for further proceedings. SO ORDERED on August 31, 2017. s/Mark E. Walker ____ United States District Judge 2

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