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COTTON v. WALTERS, 15-cv-364-JPG-DGW. (2016)

Court: District Court, S.D. Illinois Number: infdco20160322a48 Visitors: 12
Filed: Mar. 21, 2016
Latest Update: Mar. 21, 2016
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 25) of Magistrate Judge Donald G. Wilkerson recommending that the Court deny plaintiff Leonard C. Cotton, Sr.'s "Motion for Ruling of Judgment," which the Court construes as a motion for default judgment (Doc. 18). Cotton objects to the Report (Doc. 27). The Court may accept, reject or modify, in whole or in part, the findings or recommendations of t
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MEMORANDUM AND ORDER

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 25) of Magistrate Judge Donald G. Wilkerson recommending that the Court deny plaintiff Leonard C. Cotton, Sr.'s "Motion for Ruling of Judgment," which the Court construes as a motion for default judgment (Doc. 18). Cotton objects to the Report (Doc. 27).

The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de novo the portions of the report to which objections are made. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).

Magistrate Judge Wilkerson found in the Report that defendant Eric Walter failed to meet the original deadline for responding the Cotton's complaint but satisfactorily responded before the extended deadline. Cotton objects, arguing that Walter's failure to satisfy the original response deadline entitles him to a default judgment.

The Court has reviewed the matter de novo and finds that Magistrate Judge Wilkerson's decision to extend the response deadline was not clearly erroneous or contrary to law. See Fed. R. Civ. P. 72(a); 28 U.S.C. § 636(b)(1)(A). Walter responded within the extended deadline, so Cotton is not entitled to entry of default or a default judgment. Accordingly, the Court hereby:

ADOPTS the Report in its entirety (Doc. 25); OVERRULES Cotton's objection (Doc. 27); and DENIES Cotton's motion for a default judgment (Doc. 18).

IT IS SO ORDERED.

Source:  Leagle

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