Pierson v. Neil et al

Filing 8

REPORT AND RECOMMENDATIONS - This matter is before the Court on plaintiffs motion for default judgment. (Doc. 7 ). In view of the Report and Recommendation dated November 6, 2019 recommending that plaintiffs complaint be dismissed with prejudice pur suant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1) (Doc. 4 ), which is currently pending before the District Judge, the undersigned RECOMMENDS that plaintiffs motion for default judgment be DENIED as moot. Objections to R&R due by 3/2/2021. Signed by Magistrate Judge Karen L. Litkovitz on 02/16/2021. (bjc)

Case: 1:19-cv-00843-MRB-KLL Doc #: 8 Filed: 02/16/21 Page: 1 of 2 PAGEID #: 96

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CLIFTON PIERSON,
Plaintiff,
vs.
SHERIFF JAMES NEIL, et al.,
Defendants.

Case No. 1:19-cv-843
Barrett, J.
Litkovitz, M.J.
REPORT AND
RECOMMENDATION

This matter is before the Court on plaintiff’s motion for default judgment. (Doc. 7).
In view of the Report and Recommendation dated November 6, 2019 recommending that
plaintiff’s complaint be dismissed with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and
1915A(b)(1) (Doc. 4), which is currently pending before the District Judge, the undersigned
RECOMMENDS that plaintiff’s motion for default judgment be DENIED as moot.
IT IS SO RECOMMENDED.
Date: 2/16/2021
Karen L. Litkovitz
United States Magistrate Judge

Case: 1:19-cv-00843-MRB-KLL Doc #: 8 Filed: 02/16/21 Page: 2 of 2 PAGEID #: 97

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CLIFTON PIERSON,
Plaintiff,
vs.

Case No. 1:19-cv-843
Barrett, J.
Litkovitz, M.J.

SHERIFF JAMES NEIL, et al.,
Defendants.

NOTICE
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written
objections to this Report & Recommendation (“R&R”) within FOURTEEN (14) DAYS after
being served with a copy thereof. That period may be extended further by the Court on timely
motion by either side for an extension of time. All objections shall specify the portion(s) of the
R&R objected to, and shall be accompanied by a memorandum of law in support of the
objections. A party shall respond to an opponent’s objections within FOURTEEN DAYS after
being served with a copy of those objections. Failure to make objections in accordance with this
procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States
v. Walters, 638 F.2d 947 (6th Cir. 1981).