Johnson v. Freeburn, et al

Filing 171

ORDER Adopting Report and Recommendation for 170 Report and Recommendation, Denying 164 Motion to Vacate filed by Arthur Johnson, Denying 165 Motion to Vacate filed by Arthur Johnson Signed by District Judge Denise Page Hood. (BLew)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ARTHUR JOHNSON, Plaintiff, v. JAMES FREEBURN, Defendant. / ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION This matter is before the Court on Magistrate Judge Steven D. Pepe's Report and Recommendation [Docket No. 170, filed Aug. 3, 2009]. Neither party has filed an objection and the time to do so has expired. For the reasons set forth below, the Court ACCEPTS and ADOPTS Magistrate Judge Pepe's Report and Recommendation. Magistrate Judge Pepe properly concluded that Plaintiff's motions under Rule 60(b)(4) are untimely filed as more than seven years has elapsed between the entry of the July 24, 2001 Judgement and the filing of the present motions. The Court has had an opportunity to review this matter and finds that the Magistrate Judge reached the correct conclusion for the proper reasons. Accordingly, IT IS ORDERED that the Report and Recommendation of Magistrate Judge Steven D. Pepe [Docket No. 170, filed Aug. 3, 2009] is ACCEPTED and ADOPTED as this Court's findings and conclusions of law. IT IS FURTHER ORDERED that Plaintiff's Motion to Vacate Under Rule 60(b)(4) to Vacate the Voidable Judgment as Void [Docket No. 164, filed Aug. 25, 2008] is DENIED. Case No. 96-cv-74996 Judge Denise Page Hood

IT IS FURTHER ORDERED that Plaintiff's Motion to Vacate Under Rule 60(b)(4) to Vacate the Voidable Judgment as Void [Docket No. 165, filed Aug. 25, 2008] is DENIED.

S/Denise Page Hood Denise Page Hood United States District Judge Dated: August 19, 2009 I hereby certify that a copy of the foregoing document was served upon counsel of record and Arthur Johnson, Reg. No. 191831, St. Louis Correctional Facility, 8585 N. Croswell, St. Louis, MI 48880 on August 19, 2009, by electronic and/or ordinary mail. S/William F. Lewis Case Manager

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