Anderson v. Clinton Township Police Department et al

Filing 31

ORDER Adopting 28 Report and Recommendation. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ROBERT ANDERSON,
Plaintiff,
Case No. 18-11291
Hon. Terrence G. Berg

v.
CLINTON TOWNSHIP
POLICE DEPARTMENT, et
al.,
Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION
(DKT. 28)
This matter is before the Court on Magistrate Judge Stephanie Dawkins Davis’ September 12, 2018 Report and Recommendation (Dkt. 28), recommending that Defendant’s Motion to Set Aside
Entry of Default (Dkt. 21) be GRANTED, Defendants’ Motion to
Dismiss (Dkt. 21) be DENIED as premature, Defendant’s request
for a surety bond be DENIED, and that Plaintiff be given an additional 20 days to effectuate proper service.

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The Court has reviewed the Magistrate Judge’s Report and
Recommendation. Either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of a
report and recommendation. 28 U.S.C. § 636(b)(1). The district
court will make a “de novo determination of those portions of the
report . . . to which objection is made.” Id. Where, as here, neither
party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140,
149–52 (1985). The Court therefore accepts the Magistrate’s Report
and Recommendation of September 12, 2018 as this Court’s findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge
Davis’ Report and Recommendation of September 12, 2018 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Defendant’s Motion to Set Aside Entry of Default is GRANTED, Defendants’ Motion to Dismiss is DENIED as premature, Defendant’s
request for a surety bond is DENIED. Plaintiff shall have 20 days

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from the date of entry of this order to effectuate service upon Defendant pursuant to Fed. R. Civ. P. 4(e).
SO ORDERED.
Dated: October 29,
2018

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

Certificate of Service
I hereby certify that this Order was electronically filed,
and the parties and/or counsel of record were served on October
29, 2018.
s/A. Chubb
Case Manager

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