Eckardt v. Kouri et al

Filing 32

ORDER adopting the Magistrate Judge's Report and Recommendation 28 in its entirety. Pro Se Plf's 25 Motion for Default Judgment is denied; Defendant Judge Purham's 26 Motion for Leave to File Motion to Dismiss is allowed, and the Clerk is directed to file instanter Defendant Purham's Motion to Dismiss. This matter is referred to the Magistrate Judge for further proceedings. Entered by Judge Michael M. Mihm on 7/29/2011. (cc: Pro Se Eckardt)(RK, ilcd)

E-FILED

Friday, 29 July, 2011 02:19:29 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS

AMY ELISE ECKARDT,
Plaintiff,
v.
JUDGE STEPHEN KOURI,
JUDGE RICHARD MCCOY, and
JUDGE ALBERT PURHAM,
Defendants.

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Case No. 11-1011

ORDER
On July 5, 2011, a Report & Recommendation was filed by Magistrate Judge Byron G.
Cudmore in the above captioned case. More than fourteen (14) days have elapsed since the filing
of the Report & Recommendation, and no objections have been made. See 28 U.S.C. § 636(b)(1);
FED. R. CIV. P. 72(b); Lockert v. Faulkner, 843 F.2d 1015 (7th Cir. 1988); and Video Views, Inc. v.
Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986). As the parties failed to present timely objections,
any such objections have been waived. Id.
The relevant procedural history is sufficiently set forth in the comprehensive Report &
Recommendation of the Magistrate Judge. The Court concurs with the recommendation that pro
se Plaintiff’s Motion for Default Judgment be denied, and that Defendant Judge Purham’s Motion
for Leave to File Motion to Dismiss be allowed. The Court agrees that there is no identifiable
prejudice to Plaintiff in allowing this case to be litigated on the merits where Defendant Purham’s

failure to file a timely responsive pleading caused only minimal delay in the case, he has shown
good cause for the default, quick action to correct it, and a meritorious defense.
Accordingly, the Court now adopts the Report & Recommendation [#28] of the Magistrate
Judge in its entirety. Pro se Plaintiff’s Motion for Default Judgment [#25] is DENIED, Defendant
Judge Purham’s Motion for Leave to File Motion to Dismiss [#26] is ALLOWED, and the Clerk is
directed to file instanter Defendant Purham’s Motion to Dismiss. This matter is referred to the
Magistrate Judge for further proceedings.
ENTERED this 29th day of July, 2011.

s/ Michael M. Mihm
Michael M. Mihm
United States District Judge

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