Jones v. Wayne County Jail

Filing 39

ORDER accepting 33 Report and Recommendation and denying 13 plaintiff's Motion for Summary Judgment by default. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SAMUEL R. JONES,
Plaintiff,
CASE NO. 15-12527
HONORABLE GEORGE CARAM STEEH

v.
WAYNE COUNTY JAIL, et al.,
Defendants.
__________________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION (DOC. 33) AND DENYING PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT BY DEFAULT (DOC. 13)
Plaintiff filed the instant civil rights action against the Wayne County Jail and seven
employees of the Wayne County Jail and/or Sheriff. The Court dismissed the claims
against the Wayne County Jail and three of the individual defendants, leaving only four
individual defendants. Now before the Court is Plaintiff’s “Motion for Summary Judgment
by Default Under Fed. R. Civ. P. Rule [sic] 58.” (Doc. 13). In his motion, Plaintiff argues
that the defendants defaulted by failing to file an answer to his complaint.1 The four
remaining defendants were not served with the complaint until approximately two months
after Plaintiff filed his motion. (See Docs. 15, 16, 17, 18) Each of these defendants has
since filed an answer. (See Docs. 19, 35). The Court referred Plaintiff’s motion to

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Plaintiff’s motion is not entirely clear. Alternatively, Plaintiff could be arguing
that defendants defaulted by failing to file objections to the Magistrate Judge’s order
granting Plaintiff leave to amend his complaint. (See Doc. 10).
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Magistrate Judge Elizabeth Stafford for a report and recommendation (“R&R”). (Doc. 33).
In her R&R, the Magistrate Judge recommended that the Court deny Plaintiff’s motion.
Plaintiff has not objected to the R&R.

The R&R specifically stated that any

objections must be filed within fourteen days of service of the R&R. Moreover, the R&R
specifically stated that a failure to file objections would constitute a waiver of any further
right to appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985); Cowherd v. Million, 380
F.3d 909, 912 (6th Cir. 2004). Finding the R&R to be well-reasoned, the Court hereby
ACCEPTS the result recommended therein. Accordingly, Plaintiff’s Motion for Summary
Judgment by Default (Doc. 13) is DENIED.
IT IS SO ORDERED.
Dated: August 15, 2016
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 15, 2016, by electronic and/or ordinary mail and also
on Samuel R. Jones #364868, St. Louis Correctional Facility,
8585 N. Croswell Road, St. Louis, MI 48880.
s/Barbara Radke
Deputy Clerk

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