Dunbar v. Heyns et al

Filing 75

ORDER Accepting Report and Recommendation 67 and Denying Motion for Default Judgment 57 . Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOSEPH DUNBAR,
Plaintiff,
V.

Case No. 15-11573
Honorable Denise Page Hood

DANIEL HEYNS, et al.,
Defendants.
/
ORDER ACCEPTING REPORT AND RECOMMENDATION
AND DENYING MOTION FOR DEFAULT JUDGMENT [#57]
This matter comes before the Court on Magistrate Judge R. Steven Whalen’s
Report and Recommendation [#67] dated October 6, 2017, in which he recommends
denial of Plaintiff’s Motion for Default Judgment. [#57]
Pro se Plaintiff filed this action pursuant to 42 U.S.C. § 1983 against
Defendants Meier, Rozen, Upper, and Woldhuis, as well as other Defendants who
have been dismissed. On August 31, 2017, Plaintiff filed a request for Clerk’s entry
of default and the Motion for Default judgment that is the subject of the Report and
Recommendation. The Clerk of the Court denied Plaintiff’s request for entry of
default on September 1, 2017.
The Magistrate Judge recommends that the Court deny Plaintiff’s Motion for
Default Judgment because: (1) no entry of default has been made, an event that must

occur before default judgment is entered; and (2) the time for Defendants to respond
had not expired. No objections to the Report and Recommendation have been filed.
The Court has had an opportunity to review this matter and finds that the
Magistrate Judge reached the correct conclusions for the proper reasons. Finding no
error in the Magistrate Judge’s Report and Recommendation, the Court adopts the
Report and Recommendation in its entirety. Furthermore, as neither party has raised
an objection to the Report and Recommendation, the Court finds that the parties have
waived any further objections to the Report and Recommendation. Smith v. Detroit
Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987) (a party’s failure
to file any objections waives his or her right to further appeal); Thomas v. Arn, 474
U.S. 140, 149 (1985).
For the reasons stated above,
IT IS ORDERED that the Report and Recommendation [Dkt. No. 67, filed
10/6/17] is ADOPTED as the Court’s findings of fact and conclusions of law.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Default Judgment [Dkt.
No. 57, filed 8/31/17] is DENIED.
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: December 5, 2017

I hereby certify that a copy of the foregoing document was served upon counsel of
record on December 5, 2017, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

3