Ludy v. Emmons et al

Filing 44

ORDER ADOPTING 41 Report and Recommendations. Defendant's Motions to Set Aside Default 28 & 32 are granted. Plaintiff's motion for default judgment and requests for sanctions 29 , 31 , 34 , & 37 are denied. The Court directs t he Clerk to enter default against Defendant Timmons. Defendants Pullins, Hurst, and Smith are ORDERED to answer, move, or otherwise plead to Plaintiff's amended complaint within seven days of this Order. Signed by Judge Dudley H. Bowen on 8/22/2019. (pts)

IN THE UNITED STATES DISTRICT COURT

u s. Oi.STffiCT COi)» !
AUGfJSTA

FOR THE SOUTHERN DISTRICT OF GEORGIA

20I9AUG22 AM 9=53
DUBLIN DIVISION
CLERK.
SO.Ci

MITCHELL LUDY,

Plaintiff,
CV 318-033

V.

CONSTANCE PULLINS, Nurse; CERT
SGT. HURST; CERT OFC. SMITH; and
CERT OFC. TIMMONS,
Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which no objections have been filed. Accordingly,
the Court ADOPTS the Repoit and Recommendation of the Magistrate Judge as its opinion,
GRANTS Defendants' motions to set aside default,(doc. nos. 28, 32), DENIES Plaintiffs

motion for default judgment and requests for sanctions, (doc. no. 29; doc. no. 31, pp. 6-7;
doc. no. 34, pp. 5-6; doc. no. 37, p. 5), DIRECTS the CLERK to enter default against
Defendant Timmons, and ORDERS Defendants Pullins, Hurst, and Smith to answer, move,

or otherwise plead to Plaintiffs amended complaint within seven days of this Order. After
the filing of the first answer of a Defendant, the Clerk of Court will enter a scheduling notice
setting case deadlines.
SO ORDERED this

day of August, 201^, at Augusta/Geocgia.

UNITED STATES DISTRICT JUD