Myers v. Blackwell

Filing 35

ORDER adopting Report and Recommendations re 28 Report and Recommendations and denying objection re 30 . Signed by Judge James L Graham on 8/31/12. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

MARVIN E. MYERS,
Plaintiff,
vs.

Civil Action 2:12-CV-255
Judge Graham
Magistrate Judge King

D. BLACKWELL,
Defendant.
ORDER

On August 16, 2012, the United States Magistrate Judge recommended
that plaintiff’s motion for entry of defendants’ default be denied.
Report and Recommendation, Doc. No. 28.

This matter is now before the

Court on plaintiff’s objection to that recommendation.

Objection, Doc.

No. 24, 2012.
In recommending that plaintiff’s motion be denied, the Magistrate
Judge observed, inter alia, that certain defendants had forty-five (45)
days after service of process to respond to the Amended Complaint;
because that time had not yet elapsed, those defendants were not in
default.

Plaintiff

objects

to

that

aspect

of

the

Report

and

Recommendation, arguing that all defendants are required to respond
within twenty-one (21) days after service of process.
Rule 12(a)(1)(A)(i) of the Federal Rules of Civil Procedure provides
that an answer must be filed “within 21 days after being served with the
summons and complaint[.]”

However, a court has authority to extend that

time, for good cause, “with or without motion or notice if the court
acts, or if a request is made, before the original time or its extension
expires[.]”

Fed. R. Civ. P. 6(b)(1)(A). In authorizing service of

process by the Marshals Service in this case, the Magistrate Judge
extended the time for responding to forty-five (45) days. Initial Screen
of the Complaint, Doc. No. 4. Because all defendants are employees of the
Ohio Department of Rehabilitation and Correction, who are frequently
named as defendants in civil litigation initiated by inmates, there is
good cause for providing this standard extension.

Thus, defendants were

not in default for response to the Amended Complaint at the time that
plaintiff moved for entry of default.
Plaintiff’s Objection, Doc. No. 30, is DENIED.

The August 16, 2012

Report and Recommendation, Doc. No. 28, is ADOPTED AND AFFIRMED.

Date: August 31, 2012
James L. Graham
United States District Judge

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