Jackson v. Saul, 19-CV-1256 (PJS/HB). (2019)
Court: District Court, D. Minnesota
Number: infdco20190830b36
Visitors: 6
Filed: Aug. 29, 2019
Latest Update: Aug. 29, 2019
Summary: ORDER PATRICK J. SCHILTZ , District Judge . On July 22, 2019, plaintiff Howard Jackson filed a motion for default judgment. ECF No. 11. Magistrate Judge Hildy Bowbeer issued a Report and Recommendation ("R&R") recommending that the Court deny Jackson's motion. ECF No. 14. This matter is before the Court on Jackson's objections to the R&R. ECF No. 15. The Court has conducted a de novo review. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b). Based on that review, the Court adopts the R&R.
Summary: ORDER PATRICK J. SCHILTZ , District Judge . On July 22, 2019, plaintiff Howard Jackson filed a motion for default judgment. ECF No. 11. Magistrate Judge Hildy Bowbeer issued a Report and Recommendation ("R&R") recommending that the Court deny Jackson's motion. ECF No. 14. This matter is before the Court on Jackson's objections to the R&R. ECF No. 15. The Court has conducted a de novo review. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b). Based on that review, the Court adopts the R&R. ..
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ORDER
PATRICK J. SCHILTZ, District Judge.
On July 22, 2019, plaintiff Howard Jackson filed a motion for default judgment. ECF No. 11. Magistrate Judge Hildy Bowbeer issued a Report and Recommendation ("R&R") recommending that the Court deny Jackson's motion. ECF No. 14. This matter is before the Court on Jackson's objections to the R&R. ECF No. 15. The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Based on that review, the Court adopts the R&R.
Only one matter merits comment. Judge Bowbeer notes in the R&R that "Jackson has not provided evidence that the summons and complaint have yet been served in this matter in the manner prescribed by Fed. R. Civ. P. 4(i)." ECF No. 14 at 1. It appears that, after the R&R was issued, Jackson provided the Court with such evidence. See ECF No. 16. But defendants still have until September 9, 2019, to timely respond to Jackson's complaint. See id. Accordingly, Jackson is not entitled to a default judgment.
ORDER
Based on all of the files, records, and proceedings herein, the Court ADOPTS the R&R [ECF No. 14]. Accordingly, IT IS HEREBY ORDERED THAT plaintiff's motion for default judgment [ECF No. 11] is DENIED.
Source: Leagle
