Smuda v. Anderson et al

Filing 92

ORDER ADOPTING 88 REPORT AND RECOMMENDATIONS and denying 86 Motion for Default Judgment by Judge Ralph R. Erickson.(SH)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Richard Allen Smuda, Plaintiff, Case No. 3:16-cv-335 -vsORDER ADOPTING REPORT AND RECOMMENDATION Leann Bertsch, Director, North Dakota Department of Corrections and Rehabilitation, in her official capacity, et al., Defendants. Pursuant to 28 U.S.C. § 636, the court has received a Report and Recommendation from the Honorable Alice R. Senechal, United States Magistrate Judge.1 The Report and Recommendation recommends that the plaintiff’s motion for default judgment be denied. The plaintiff has objected to the Report and Recommendation, asserting that it is important to have the defendants correctly named in the caption and use of Maggie Anderson as a defendant in the caption of the defendants’ answer is illegal.2 The court finds the recommendation in the magistrate judge’s Report and Recommendation is appropriate. The clerical error in the caption noted by the plaintiff is not a basis for granting default judgment as requested by the plaintiff. The plaintiff’s motion for default judgment3 is DENIED. IT IS SO ORDERED. Dated this 20th day of September, 2017. /s/ Ralph R. Erickson Ralph R. Erickson, District Judge United States District Court 1 Doc. #88. 2 Doc. #85. 3 Doc. #86. 1

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