Jackson v. Kline et al

Filing 26

ORDER Adopting 20 Report and Recommendation, and Denying 16 Plaintiff's Motion for Default Judgment. Signed by District Judge Terrence G. Berg. (AChu)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CURTIS JACKSON, v. Plaintiff, Case No. 16-12917 J. KLINE, et al., Defendant. HON. TERRENCE G. BERG HON. ELIZABETH A. STAFFORD / ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION (DKT. 20) AND DENYING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT (DKT. 16) This matter is before the Court on Magistrate Judge Elizabeth A. Stafford’s November 23, 2016 report and recommendation (Dkt. 20), recommending that Plaintiff’s motion for default judgment (Dkt. 16) be denied. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of the report and recommendations. 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. Plaintiff filed a timely objection (Dkt. 25) to the report and recommendation. The Court has carefully reviewed the Magistrate Judge’s report and recommendation and Plaintiff’s objection thereto. The Court finds that the report and recommendation is well-reasoned and supported by the relevant law. Plaintiff argues in his objections that the Court “ordered” Defendants to respond to Plaintiff’s Complaint by October 21, 2016. This date appears on the waiver of service forms executed by Defendants, which are standard forms used in every civil case (Dkts. 9, 10). However, as noted by Magistrate Judge Stafford, 42 U.S.C. § 1997e(g)(1) permits a defendant to waive the right to reply to a § 1983 prisoner complaint. Furthermore, Magistrate Judge Stafford ordered Defendants to respond to the Complaint by January 4, 2017 (Dkt. 21). Thus, Defendants have until that date to timely respond to Plaintiff’s Complaint. The Court will, therefore, accept the Magistrate Judge’s report and recommendation of November 21, 2016, as this Court’s findings of fact and conclusions of law. Plaintiff’s objection is not welltaken, and is overruled. Accordingly, it is hereby ORDERED that Magistrate Judge Stafford’s report and recommendation of November 23, 2016 (Dkt. 20) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Plaintiff’s motion for default judgment (Dkt. 16) is DENIED. SO ORDERED. Dated: December 29, 2016 s/Terrence G. Berg TERRENCE G. BERG UNITED STATES DISTRICT JUDGE Certificate of Service I hereby certify that this Order was electronically submitted on December 29, 2016, using the CM/ECF system, which will send notification to all parties. s/A. Chubb Case Manager     2  

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