Barnaby v. Witkowski et al

Filing 7

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 6 ; denying without prejudice as premature motion for default 4 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

OWEN W. BARNABY,
Plaintiff,
Case No. 1:14-cv-1279
v.
HON. JANET T. NEFF
BRET WITKOWSKI, et al.,
Defendants.
_______________________________/

ORDER
This is a civil action involving a pro se litigant. Plaintiff filed a Motion for Default for
Failure to Comply with FED. R. CIV. P. 12 (Dkt. 4). The motion was referred to the Magistrate
Judge, who issued a Report and Recommendation on January 26, 2015, recommending that the
motion be denied without prejudice as premature. The Report and Recommendation was duly
served on Plaintiff. No objections have been filed. See 28 U.S.C. § 636(b)(1). Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation (Dkt 6) is APPROVED
and ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Default for Failure to Comply
with FED. R. CIV. P. 12 (Dkt. 4) is DENIED WITHOUT PREJUDICE as premature.

Dated: February 13, 2015

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge