United States of America v. Eli Harvey

Filing 80

ORDER Adopting 79 Report and Recommendation, Denying 74 Motion to Stay filed by Eli Harvey and Granting Plaintiff's Request for Writ of Continuing Garnishment. Signed by District Judge Paul D. Borman. (DTof)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, No. 04-72180 Paul D. Borman United States District Judge v. R. Steven Whalen United States Magistrate Judge ELI HARVEY, Defendant. ________________________________/ ORDER (1) ADOPTING MAGISTRATE JUDGE R. STEVEN WHALEN’S OCTOBER 22, 2015 REPORT AND RECOMMENDATION (ECF NO. 79), (2) DENYING DEFENDANT’S MOTION TO STAY AND CONDUCT AN EVIDENTIARY HEARING (ECF NO. 74) AND (3) GRANTING PLAINTIFF’S REQUEST FOR A WRIT OF CONTINUING GARNISHMENT (ECF NO. 78) On October 22, 2015, Magistrate Judge R. Steven Whalen issued a Report and Recommendation to Deny Defendant’s Motion to Stay and for an Evidentiary Hearing and to Grant Plaintiff’s Request for a Continuing Writ of Garnishment. (ECF No. 79, Report and Recommendation.) Having reviewed the Report and Recommendation, and there being no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L. R. 72.1(d), the Court ADOPTS the Report and Recommendation, DENIES Defendant’s Motion to Stay and for an Evidentiary Hearing (ECF No. 74), and GRANTS Plaintiff’s Application for Writ of Continuing Garnishment (ECF No. 78). IT IS SO ORDERED. Dated: January 11, 2016 s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE 1 CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on January 11, 2016. s/Deborah Tofil Case Manager 2

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