Brown v. Roeckeman et al

Filing 99

ORDER ADOPTING 98 REPORT AND RECOMMENDATIONS in its entirety; Denying 51 MOTION for Default Judgment as to Joshua Morris and Alberta Brown filed by Joseph L Brown. The Court also Vacates the entry of default as to Alberta Brown. Signed by Judge J. Phil Gilbert on 1/30/12. (bkl)

IN UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSEPH L. BROWN,
Plaintiff,
Case No. 3:10-cv-00179-JPG-PMF

v.
ZACK ROECKEMAN, et al.,
Defendants.

MEMORANDUM & ORDER
This matter comes before the Court on Magistrate Judge Frazier’s Report and
Recommendation (“R & R”) (Doc. 98) wherein it was recommended the Court deny plaintiff
Joseph Brown’s motion for default judgment (Doc. 51). After reviewing a magistrate judge’s
report and recommendation, the Court may accept, reject or modify, in whole or in part, the
findings or recommendations of the magistrate judge in the report. Fed. R. Civ. P. 72(b). The
Court has discretion to conduct a new hearing and may consider the record before the magistrate
judge anew or receive any further evidence deemed necessary. Id.
The Court must review de novo the portions of the report to which specific written
objections are made. Id. “If no objection or only partial objection is made, the district court
Judge reviews those unobjected portions for clear error.” Johnson v. Zema Sys. Corp., 170 F.3d
734, 739 (7th Cir. 1999). No party has filed an objection to the R&R and as such the Court
reviews it for clear error. After reviewing the R&R, the Court finds it to be the correct result.
The entry of default had already been vacated as to Defendant Morris (Doc. 60) and he
has answered the most recent amended complaint. As for Defendant Alberta Brown, the
complaint which she did not respond to was filed pro se and was hand written, convoluted and

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difficult to read. It also made unclear demands. Plaintiff Brown now has counsel who has filed
an amended complaint which is clear and states the relief Plaintiff Brown is seeking. Defendant
Brown will be given the opportunity to answer this complaint before default will be entered
against her. Therefore, the original entry of default should be vacated and the Plaintiff shall reattempt service with the amended complaint (found at Doc. 90).
For the foregoing reasons, the Court ADOPTS the R&R (Doc. 98) in its entirety and
DENIES the plaintiff’s motion for default judgment (Doc. 51). The Court also VACATES the
entry of default as to Alberta Brown.
IT IS SO ORDERED.
DATED: January 30, 2012
s./ J. Phil Gilbert___
J. PHIL GILBERT
DISTRICT JUDGE

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