Annabel v. Frost et al

Filing 129

ORDER GRANTING PLAINTIFF'S 116 Motion to Strike Clerk's Entry of Notice of Appeal - Signed by Magistrate Judge R. Steven Whalen. (CCie)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT ANNABEL, Plaintiff, No. 14-10244 v. District Judge Arthur J. Tarnow Magistrate Judge R. Steven Whalen JACK FROST, ET AL., Defendants. / ORDER Plaintiff’s Motion to Strike Clerk’s Entry of Notice of Appeal [Doc. #116] is GRANTED. On August 9, 2017, the Clerk of the Court entered a Certificate of Service of Notices of Appeal on the Sixth Circuit and all interested parties [Doc. #113]. The Clerk’s Office apparently construed Plaintiff’s appeals of Magistrate Judge orders [Doc. #117 and #118] as appeals to the Sixth Circuit. In fact, the Plaintiff’s “appeals” were premised on 28 U.S.C. § 636(b)(1), Fed.R.Civ.P. 72(a), and E.D. Mich. Local Rule 72.1. As such, they were objections to the Magistrate Judge’s orders, and were directed to the District Judge for review, not the Sixth Circuit. In the present motion, Plaintiff confirms that he did not intend to file a notice of appeal to the Sixth Circuit. Therefore, Plaintiff’s Motion to Strike [Doc. #116] is GRANTED. IT IS SO ORDERED. s/ R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE Dated: September 14, 2017 -1- CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was sent to parties of record on September 14, 2017, electronically and/or by U.S. mail. s/Carolyn M. Ciesla Case Manager to the Honorable R. Steven Whalen -2-

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