Searcy et al v. Macomb County Jail et al

Filing 139

ORDER Accepting and Adopting Magistrate Judge's Report and Recommendation and Denying Plaintiff's Motion for Default Judgment Against Defendant Valerie Watkins and Plaintiff's Request for Motion for Extension of Time to File Objection to Magistrate's Report and Recommendation and Deeming Moot Plaintiff's Motion to Proceed In Forma Pauperis and Request for Transmission of the Entire Record. Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LAVELLE W. SEARCY, et al.,
Plaintiffs,
v.

Case No. 2:10-CV-11242
Honorable Denise Page Hood

MACOMB COUNTY JAIL, et al.,
Defendants.
/
ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION AND DENYING PLAINTIFF’S MOTION FOR DEFAULT
JUDGMENT AGAINST DEFENDANT VALERIE WATKINS AND PLAINTIFF’S
REQUEST FOR MOTION FOR EXTENSION OF TIME TO FILE OBJECTION TO
MAGISTRATE’S REPORT AND RECOMMENDATION AND DEEMING MOOT
PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS AND REQUEST FOR
TRANSMISSION OF THE ENTIRE RECORD
This matter is before the Court on Magistrate Judge Paul J. Komives’s Report and
Recommendation (“R&R”), dated September 12, 2011 [Docket No. 100] and R&R dated
January 31, 2012 [Docket No. 130]. Also before the Court is Plaintiff’s February 13, 2012
request for additional time to respond to the Magistrate Judge’s January 31, 2012 R&R [Docket
No. 136]. Plaintiff did not file objections to the September 12, 2011 R&R. Defendants did not
file objections to either R&R.
In his September 12, 2011 R&R, the Magistrate Judge recommended that this Court deny
Plaintiff’s motion for default judgment against Defendant Valerie Watkins because default
judgment is not permitted under the Prison Litigation Reform Act and Defendant Valerie
Watkins has not been properly served [Docket No. 100]. The Magistrate further recommended in
its January 31, 2012 R&R that this Court deny Plaintiff’s motion to proceed in forma pauperis

and request for transmission of entire record because Plaintiff had not established indigency or
that the appeal would be taken in good faith. Specifically, the Magistrate Judge noted that
Plaintiff had not filed a timely appeal and Plaintiff’s appeal of the denial of his motion to certify
a class was not a final order or the type of order from which an interlocutory appeal could be
made.
When examining a Magistrate’s Report and Recommendation, 28 U.S.C. § 636 governs
the standard of review. This Court “shall make a de novo determination of those portions of the
report or specified proposed findings or recommendations to which objection is made.” 28
U.S.C. § 636(b)(1). This Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” Id.
For the reasons stated in the Magistrate Judge’s September 12, 2011 and January 31,
2012 R&Rs, the Court accepts and adopts the Magistrate’s Judge’s findings of fact and
conclusions of law in their entirety. The Court notes that the Sixth Circuit dismissed Plaintiff’s
appeal because there was no final or immediately appealable order from the district court and the
Sixth Circuit, therefore, did not have jurisdiction [Docket No. 138]. Plaintiff’s request to proceed
in forma pauperis is moot given the Sixth Circuit’s dismissal of Plaintiff’s appeal.
Accordingly,
IT IS ORDERED that the Magistrate Judge Paul J. Komives’s Report and
Recommendations [Docket Nos. 100 & 130] are ADOPTED and ACCEPTED as this Court’s
findings of fact and conclusions of law.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Default Judgment against
Defendant Valerie Watkins [Docket No. 88, filed July 12, 2011] is DENIED.

IT IS FURTHER ORDERED that Plaintiff’s Motion to Proceed in Forma Pauperis and
Request for Transmission of the Entire Record [Docket No. 125, filed November 10, 2011] is
deemed MOOT.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Extension of Time to File
Response to the Magistrate Judge’s January 31, 2012 Report and Recommendation [Docket No.
136, filed February 13, 2012] is DENIED.
S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: April 12, 2012
I hereby certify that a copy of the foregoing document was served upon counsel of record on
April 12, 2012, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager