England v. O'Briant

Filing 47

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 46 ; denying motion for summary judgment 34 ; denying without prejudice declaration for entry of default 38 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KOLEAN ENGLAND, Plaintiff, Case No. 1:17-cv-185 v. HON. JANET T. NEFF JAMES M. O’BRIANT, Defendant. _______________________________/ ORDER This is a civil action involving pro se litigants. Defendant filed a Motion for summary judgment (ECF No. 34). Plaintiff filed a Declaration for entry of default (ECF No. 38). The matters were referred to the Magistrate Judge, who issued a Report and Recommendation on December 29, 2017, recommending that this Court deny Defendant’s motion, and deny without prejudice Plaintiff’s declaration. The Report and Recommendation was duly served on the parties. No timely objections have been filed. See 28 U.S.C. § 636(b)(1). Therefore, IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 46) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that Defendant’s Motion for summary judgment (ECF No. 34) is DENIED. IT IS FURTHER ORDERED that Plaintiff’s Declaration for entry of default (ECF No. 38) is DENIED without prejudice. Dated: January 17, 2018 /s/ Janet T. Neff JANET T. NEFF United States District Judge

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