Santure v. Hatt et al
ORDER accepting 24 Report and Recommendation and denying 8 Motion for Default Judgment. Signed by District Judge Denise Page Hood. (LSau)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 11-10193
Honorable Denise Page Hood
ORDER ACCEPTING REPORT AND RECOMMENDATION
DENYING MOTION FOR DEFAULT JUDGMENT
This matter is before the Court on Magistrate Judge David R. Grand’s Report and
Recommendation filed February 6, 2012 [Doc. No. 24]. The time to file Objections has passed and
no Objections have been filed to date.
The standard of review by the district court when examining a Report and Recommendation
is set forth in 28 U.S.C.§ 636. This Court “shall make a de novo determination of those portions of
the report or the specified proposed findings or recommendations to which an objection is made.”
28 U.S.C. § 636(B)(1)(c). The Court “may accept, reject or modify, in whole or in part, the findings
or recommendations made by the Magistrate.” Id.
In order to preserve the right to appeal the Magistrate Judge’s recommendation, a party must
file objections to the Report and Recommendation within fourteen (14) days of service of the Report
and Recommendation. Fed. R. Civ. P 72(b)(2). Failure to file specific objections constitutes a
waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140 (1985); Howard v. Secretary of
Health and Human Servs., 932 F2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th
After review of the Magistrate Judge’s Report and Recommendation, the Court finds that the
findings and conclusions are correct. The Court agrees with the Magistrate Judge that Defendant
has defended the action and Plaintiff is not entitled to a default judgment. Accordingly,
IT IS ORDERED that Magistrate Judge David R. Grand’s February 6, 2012 Report and
Recommendation [No. 24] is ACCEPTED and ADOPTED as this Court’s findings of fact and
conclusions of law.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Default Judgment [No. 8, filed
5/12/2011] is DENIED.
S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: March 16, 2012
I hereby certify that a copy of the foregoing document was served upon Daniel Santure #161394,
1780 E. Parnall, Jackson, MI 49201 and counsel of record on March 16, 2012, by electronic and/or
S/LaShawn R. Saulsberry
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