Mann v. Straub et al

Filing 60

ORDER adopting 50 Report and Recommendation; finding as moot 22 Motion for Default Judgment. Signed by District Judge Arthur J. Tarnow. (MLan)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JACK MANN, Case No. 14-13439 Plaintiff, SENIOR U.S. DISTRICT JUDGE ARTHUR J. TARNOW v. UNITED STATES OF AMERICA, U.S. MAGISTRATE JUDGE R. STEVEN WHALEN Defendant. / ORDER ADOPTING REPORT AND RECOMMENDATION [50]; DENYING AS MOOT PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT [22] On September 4, 2014, Plaintiff filed his Complaint [1] against former defendants Douglas Straub, Hillary Calvird, and Michael Calvird. On February 6, 2015, the former defendants filed a Motion for Extension of Time to Respond to the Complaint [19]. The Court granted the motion on February 19, 2015. On February 23, 2015, Plaintiff filed a Motion for Default Judgment [22] against the former defendants. On April 8, 2015, the Court issued an Order [30] reflecting that the United States had been substituted for the former defendants as the sole defendant in this case. On May 21, 2015, the Magistrate Judge issued a Report and Recommendation [50] recommending that the Court deny Plaintiff’s Motion for 1 Default Judgment [22] as moot. Neither party filed an objection to the Report and Recommendation. The Court having reviewed the record, the Report and Recommendation [50] is hereby ADOPTED and entered as the findings and conclusions of the Court. Accordingly, IT IS ORDERED that Plaintiff’s Motion for Default Judgment [22] against former defendants Straub, Calvird, and Calvird is DENIED AS MOOT. SO ORDERED. Dated: July 23, 2015 s/Arthur J. Tarnow Arthur J. Tarnow Senior United States District Judge 2

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