Peterson v. Detroit, City of et al

Filing 36

ORDER denying 30 Motion for Default Judgment; adopting 33 Report and Recommendation and Assessing Rule 37 Sanctions. Signed by District Judge Arthur J. Tarnow. (MLan)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RONNIE PETERSON , Plaintiff, Case No. 10-14403 v. SENIOR UNITED STATES DISTRICT JUDGE ARTHUR J. TARNOW DEYON PAYTON, ET AL., MAGISTRATE JUDGE R. STEVEN WHALEN Defendants. / ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION [33]; DENYING PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT JUDGMENT [30]; AND ASSESSING RULE 37 SANCTIONS AGAINST DEFENDANT Before the Court is Plaintiff’s Motion for Entry of Default Judgment Against Devon Payton [30], filed on October 16, 2012. On November 28, 2012, the Magistrate Judge issued a Report and Recommendation [33] recommending that the Court deny Plaintiff’s Motion [30] and assess Federal Rules of Civil Procedure Rule 37 sanctions against Defendant Payton in the amount of $250.00. Defendant Payton has not filed any objections to the Report and Recommendation [33]. The Court has reviewed the record in this case. The Report and Recommendation of the Magistrate Judge is hereby ADOPTED and is entered as the findings and conclusions of the Court. Accordingly, IT IS ORDERED that Plaintiff’s Motion to for Entry of Default Judgment Against Devon Payton [30] is DENIED. IT IS FURTHER ORDERED that Defendant Payton pay Plaintiff’s counsel $250.00 as a Federal Rules of Civil Procedure Rule 37 sanction. SO ORDERED. s/Arthur J. Tarnow ARTHUR J. TARNOW SENIOR U.S. DISTRICT JUDGE Dated: February 8, 2013 2

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