Stevenson v Detroit, City of etal.,

Filing 41

ORDER accepting 27 Report and Recommendation and denying 16 Motion to Strike Answer and for Default Judgment. Signed by District Judge Denise Page Hood. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

REGINALD STEVENSON,
Plaintiff,

Case No. 11-14111
Honorable Denise Page Hood

v.
CITY OF DETROIT, et al.,
Defendants.
_________________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
and
DENYING MOTION TO STRIKE ANSWER AND FOR DEFAULT JUDGMENT
This matter is before the Court on Magistrate Judge Lauri J. Michelson’s Report and
Recommendation filed March 30, 2012 [Doc. No. 27]. 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 Cir. 1981).

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 at this time,
the sanctions of striking the Answer and entry of Default Judgment against Defendants for failure
to cooperate in discovery are not yet warranted. It is noted that the Magistrate Judge in the Report
and Recommendation warned Defendants that further noncompliance regarding discovery orders
may result in the severe sanctions of striking the Answer and entry of Default Judgment.
Accordingly,
IT IS ORDERED that Magistrate Judge Lauri J. Michelson’s March 30, 2012 Report and
Recommendation [No. 27] is ACCEPTED and ADOPTED as this Court’s findings of fact and
conclusions of law.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Strike Answer and for Default
Judgment [No. 16, filed 2/23/2012] is DENIED without prejudice.

s/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: May 17, 2012
I hereby certify that a copy of the foregoing document was served upon counsel of record on May
17, 2012, by electronic and/or ordinary mail.
s/LaShawn R. Saulsberry
Case Manager

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