Alford v. Pike County Detention Center et al

Filing 96

ORDER denying 79 Motion for Default Judgment; adopting Report and Recommendations re 84 Report and Recommendations. Signed by Honorable David C. Bramlette, III on 4/7/2017 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
HENRY HINTON, JR.

PLAINTIFF

VS.

CIVIL ACTION NO. 5:15-cv-77(DCB)(MTP)

PIKE COUNTY, ET AL.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on the plaintiff Henry Hinton,
Jr.’s

Motion

for

Default

Judgment

(docket

entry

79)

and

on

Magistrate Judge Michael T. Parker’s Report and Recommendation
regarding same (docket entry 84).
plaintiff’s

motion

and

the

Having carefully considered the

Magistrate

Judge’s

Report

and

Recommendation, to which no objections were filed by the plaintiff,
the Court finds as follows:
On April 28, 2016, the plaintiff filed a Motion to Amend
(docket entry 42), in which he sought to add Sheriff Mark Sheppard,
Captain Glen Green, and Lieutenant Smith as defendants.

That same

day, the Magistrate Judge granted the plaintiff’s motion and
directed the Clerk of Court to issue a Notice of Lawsuit and
Request to Waive Service of a Summons to those defendants.
Order (docket entry 43).

See

On August 4, 2016, defendants Sheppard,

Green, and Smith submitted a waiver of service of summons (docket
entry 59).

At an omnibus hearing held on October 26, 2016, the

Magistrate Judge found good cause to extend those defendants’
deadline to answer, and directed them to file their answer or other

responsive pleading on or before November 11, 2016.
(docket entry 65).

See Order

On November 7, 2016, defendants Sheppard,

Green, and Smith filed an Answer (docket entry 67).

On December

21, 2016, however, the plaintiff filed a Motion for Entry of
Default Judgment (docket entry 79), arguing that the defendants
“failed to file an answer.”
In his Report and Recommendation, Magistrate Judge Parker
finds that inasmuch as the defendants filed their Answer within the
deadline set by the Court, the plaintiff’s Motion for Default
Judgment should be denied.

The Court adopts the Report and

Recommendation and shall deny the Motion for Default Judgment.
Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Michael T. Parker’s
Report and Recommendation (docket entry 84) is adopted as the
findings and conclusions of this Court;
FURTHER ORDERED that the plaintiff Henry Hinton, Jr.’s Motion
for Default Judgment (docket entry 79) is DENIED.
SO ORDERED, this the 7th day of April, 2017.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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