WHEELER v. CREWS

Filing 134

ORDER ADOPTING THE MAGISTRATE JUDGE'S 133 REPORT AND RECOMMENDATION - Defendant Davis's motion to set aside entry of default (doc. 121 ) is GRANTED. The clerk shall docket Defendant Daviss proposed answer, currently a ttached to document 121 as Exhibit C, as a separate pleading. To the extent Plaintiff Wheeler's motion for partial summary judgment (doc. 92 ) seeks summary judgment against Defendant Davis, such relief is DENIED WITHOUT PREJUDICE. Plaintiff Wheeler's motion for default judgment (doc. 118 ) is DENIED. The case shall be remanded to the magistrate judge for further proceedings. Signed by SENIOR JUDGE WILLIAM STAFFORD on 12/20/2016. (vkm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

JIMMY LEE WHEELER,
Plaintiff,
v.

5:14cv271–WS/CJK

ARNP C. DAVIS, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (doc.
133) docketed November 15, 2016. The magistrate judge recommends that
Defendant Davis’s motion to set aside entry of default (doc. 121) be granted and
that Plaintiff Wheeler’s motion for default judgment (doc. 118) be denied as moot.
No objections to the report and recommendation have been filed.
The court has reviewed the record and has determined that the magistrate
judge's report and recommendation should be adopted. Accordingly, it is
ORDERED:

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1. The magistrate judge’s report and recommendation (doc. 133) is hereby
ADOPTED and incorporated by reference in this order.
2. Defendant Davis’s motion to set aside entry of default (doc. 121) is
GRANTED.
3. The clerk shall docket Defendant Davis’s proposed answer, currently
attached to document 121 as Exhibit C, as a separate pleading.
4. To the extent Plaintiff Wheeler’s motion for partial summary judgment
(doc. 92) seeks summary judgment against Defendant Davis, such relief is
DENIED WITHOUT PREJUDICE.
5. Plaintiff Wheeler’s motion for default judgment (doc. 118) is DENIED.
6. The case shall be remanded to the magistrate judge for further
proceedings.
DONE AND ORDERED this

20th

day of

December

, 2016.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE