Hoke v. Lyle et al

Filing 58

ORDER ADOPTING 55 Report and Recommendations and 56 Report and Recommendations as opinion of the Court. The Court GRANTS 49 Defendants' Motion for Relief from Default, DIRECTS the Clerk of Court to SET ASIDE each Defendant's default, and allows each Defendant to defend this action. The Court also DENIES 49 Plaintiff's Motion to Certify Class. Signed by District Judge R. Stan Baker on 3/7/19. (trb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

STEPHEN RAY HOKE,
Plaintiff,

CIVIL ACTION NO.: 6:16-cv-45

v.
MR. LYTE, et al.,
Defendants.

ORDER
The Court has conducted an independent and de novo review of the entire record and
concurs with the Magistrate Judge’s Reports and Recommendations, (docs. 55, 56). Plaintiff filed
an “Objection to Magistrate Reports,” (doc. 57).
The Magistrate Judge recommended the Court grant the Motion for Relief from Default
Defendants Lyte, Henry, and Williams filed and direct the Clerk of Court to set aside each
Defendant’s default. Even though the Magistrate Judge concluded these Defendants had entered
into default by operation of law due to their failure to file a timely response to Plaintiff’s Amended
Complaint, the Magistrate Judge also found these Defendants had good cause excusing their
defaults.

(Doc. 55, pp. 3–5.)

While Plaintiff asserts he is objecting to this Report and

Recommendation, (doc. 57, pp. 1–2), he did not. Instead, Plaintiff makes assertions relating to his
Amended Complaint and these Defendants’ Motion to Dismiss. Plaintiff’s Objections are not
responsive to the Magistrate Judge’s Report that these Defendants’ defaults be set aside.
Additionally, the Magistrate Judge recommended the Court deny Plaintiff’s Motion to
Certify Class, (doc. 49). The Magistrate Judge determined Plaintiff could not represent the

interests of his fellow inmates, even if he could meet the requirements of Federal Rule of Civil
Procedure 23. (Doc. 56, pp. 2–3.) While Plaintiff does address his putative class action claims,
Plaintiff makes no showing the Magistrate Judge erred in finding Plaintiff cannot litigate on behalf
of his fellow prisoners.
Accordingly, the Court OVERRULES Plaintiff’s Objections and ADOPTS the Magistrate
Judge’s Reports and Recommendations as the opinions of the Court. The Court GRANTS
Defendants’ Motion for Relief from Default, (doc. 51), DIRECTS the Clerk of Court to SET
ASIDE each Defendant’s default, and allows each Defendant to defend this action. The Court
also DENIES Plaintiff’s Motion to Certify Class, (doc. 49).
SO ORDERED, this 7th day of March, 2019.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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