Jones v. Barnhart et al

Filing 57

ORDER Adopting 53 Report and Recommendation to deny 48 Motion to Compel and 49 Motion for Summary Judgment filed by John Jones. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN JONES,
Case No. 10-12114
Plaintiff,
v.

SENIOR UNITED STATES DISTRICT JUDGE
ARTHUR J. TARNOW

PATRICIA BARNHART, ET AL.,

MAGISTRATE JUDGE PAUL J. KOMIVES

Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION [53] AND
DENYING MOTIONS FOR DISCOVERY [48] AND SUMMARY
JUDGMENT [49] WITHOUT PREJUDICE
On February 6, 2013, Magistrate Judge Komives issued a Report and
Recommendation [53] that the Court: (a) enter an order directing the U.S. Marshal to
attempt service by mail upon Defendant Patricia Barnhart; (b) enter an order requiring
plaintiff to specify who he intends to sue by naming a defendant; (c) deny Plaintiff’s
July 12, 2012 Motion for Discovery [48] without prejudice; and (d) construe
plaintiff’s July 12, 2012 Motion for Summary Judgment [49] as a Fed. R. Civ. P. 55
Motion for Entry of Default or Default Judgment and deny it without prejudice. No
objection has been filed to the Report and Recommendation.
The Court having reviewed the record, the Report and Recommendation of the
Magistrate Judge is hereby ADOPTED as to recommendations (a), (c), and (d).

Accordingly, Plaintiff’s motions for discovery and summary judgment are DENIED
without prejudice. The United States Marshall is to effect service on Defendant
Patricia Barnhart.
SO ORDERED.
s/Arthur J. Tarnow
ARTHUR J. TARNOW
SENIOR U.S. DISTRICT JUDGE
Dated: August 22, 2013

____________________________________________________________
CERTIFICATE OF SERVICE
I hereby certify on August 22, 2013 that I electronically filed the foregoing paper with the
Clerk of the Court sending notification of such filing to all counsel registered electronically. I hereby
certify that a copy of this paper was mailed to the following non-registered ECF participants on
August 22, 2013: John Jones.
s/Michael E. Lang
Case Manager to
District Judge Arthur J. Tarnow
[phone]

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