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)

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

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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

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