Alford v. Pike County Detention Center et al
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
HENRY HINTON, JR.
CIVIL ACTION NO. 5:15-cv-77(DCB)(MTP)
PIKE COUNTY, ET AL.
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on the plaintiff Henry Hinton,
Magistrate Judge Michael T. Parker’s Report and Recommendation
regarding same (docket entry 84).
Having carefully considered the
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.
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).
On August 4, 2016, defendants Sheppard,
Green, and Smith submitted a waiver of service of summons (docket
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).
On November 7, 2016, defendants Sheppard,
Green, and Smith filed an Answer (docket entry 67).
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.
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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