Dye v. Hatton et al

Filing 27

ORDER Accepting Magistrate Judge's 24 Report and Recommendation, and Denying Plaintiff's 21 , 22 Motions for Default Judgment. Signed by District Judge Bernard A. Friedman. (JCur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TIMOTHY DYE, 302488,
Plaintiff,
vs.

Civil Action No. 17-CV-10183
HON. BERNARD A. FRIEDMAN

J. HATTON and
L. GIDLEY,
Defendants.
________________/
ORDER ACCEPTING MAGISTRATE JUDGE=S REPORT AND RECOMMENDATION,
AND DENYING PLAINTIFF=S MOTIONS FOR DEFAULT
This matter is presently before the Court on plaintiff=s motion for a clerk=s default
and for a default judgment [docket entries 21 and 22]. Magistrate Judge Whalen has issued a
Report and Recommendation (AR&R@) in which he recommends that both motions be denied.
Plaintiff has filed a pro forma objection but does not address the magistrate judge=s reasoning,
namely, that Congress has eliminated default as a remedy in prisoner cases. See 42 U.S.C. '
1997e(g). Further, as the magistrate judge noted, defendants have recently responded to the
complaint by filing a motion for summary judgment, thereby mooting the issue raised in
plaintiff=s motions for default. Accordingly,

IT IS ORDERED that Magistrate Judge Whalen=s R&R is hereby accepted and
adopted as the findings and conclusions of the Court.

IT IS FURTHER ORDERED that plaintiff=s motion for a clerk=s default and for a
default judgment [docket entries 21 and 22] are denied.

Dated: July 2, 2018
Detroit, Michigan

s/Bernard A. Friedman
BERNARD A. FRIEDMAN
SENIOR UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented
parties via the Court's ECF System to their respective email or First Class U.S. mail addresses disclosed on the
Notice of Electronic Filing on July 2, 2018.
s/Johnetta M. Curry-Williams
Case Manager

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