Moore #223268 v. Smith et al

Filing 67

ORDER ADOPTING REPORT AND RECOMMENDATION 64 , and denying Plaintiff's motion for default judgment against Defendant Clark 49 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, kcb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHARLES MOORE,
Plaintiff,

Case No. 1:13-CV-881

v.

Hon. Gordon J. Quist

WILLIE O. SMITH, et al.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
On November 2, 2015, Magistrate Judge Ray Kent issued a Report and Recommendation (R
& R) in which he recommended that the Court deny Plaintiff’s motion for default judgment against
defendant Unknown Clark. On November 20, 2015, Plaintiff filed objections to the R & R. Having
conducted a de novo review of the R & R, Plaintiff’s objections, and the pertinent portions of the
record, the Court concludes that the R & R should be adopted.
The magistrate judge concluded that Plaintiff’s motion for default judgment should be denied
because Plaintiff has not identified the defendant, there is no basis in the record to award the amount
of damages requested, and the proceedings against the other defendants may reveal a dispute of
material fact. Plaintiff objects to the magistrate judge’s recommendation, arguing that it would be
impractical for him to refile a motion for default judgment after the completion of discovery. As the
magistrate judge explained, however, there exists a strong possibility that there may be a dispute of
material fact as discovery proceeds with the other defendants. Moreover, it is unclear at this time
whether Plaintiff is entitled to the $450,000 he seeks from each defendant.
Therefore,

IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate Judge
filed November 2, 2015 (dkt. #64), is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Default Judgment against
Defendant Clark (dkt. #49) is DENIED.

Dated: November 25, 2015

/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE

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