Hudson v. Federal Bureau of Prisons

Filing 30

ORDER Adopting Report and Recommendation Denying 12 Motion for Default Judgment filed by Joseph Hudson, 25 Report and Recommendation Signed by District Judge Robert H Cleland. (LWag)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOSEPH HUDSON Plaintiff, v. FEDERAL BUREAU OF PRISONS, Defendant. / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION This matter was referred to United States Magistrate Judge Virginia M. Morgan pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. In her August 29, 2008 report, the magistrate judge recommends that this court deny Plaintiff's Motion for Entry of Default and Default Judgment. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C), thus further appeal rights are waived.1 Having reviewed the file and the Report, the court concludes that the findings and conclusions of the Magistrate Judge are correct and ADOPTS the same for purposes of this Order. CASE NO: 08-CV-11273-DT

ORDER

The failure to object to the magistrate judge's report releases the court from its duty to independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). Any objection was due with the ten days of service, which occurred not later than April 30, 2004, Fed.R.Civ.P.6(e). No objection has been filed as of the date of this order.

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IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Plaintiff's Motion For Entry of Default and Default Judgment is DENIED.

S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: September 25, 2008 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, September 25, 2008, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk [phone]

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