Filed: Jul. 11, 2016
Latest Update: Jul. 11, 2016
Summary: ORDER WILLIAM L. OSTEEN, Jr. , District Judge . This matter is before this court for review of the Memorandum Opinion and Recommendation filed on May 5, 2016, by the Magistrate Judge in accordance with 28 U.S.C. 636(b). (Doc. 46.) In the Recommendation, the Magistrate Judge recommends that Plaintiff's Motion for Entry of Default Judgment (Doc. 42) be denied and that Defendants' Motion to Set Aside Entry of Default and Opposition to Plaintiff's Motion for Entry of Default Judgment (Doc. 43
Summary: ORDER WILLIAM L. OSTEEN, Jr. , District Judge . This matter is before this court for review of the Memorandum Opinion and Recommendation filed on May 5, 2016, by the Magistrate Judge in accordance with 28 U.S.C. 636(b). (Doc. 46.) In the Recommendation, the Magistrate Judge recommends that Plaintiff's Motion for Entry of Default Judgment (Doc. 42) be denied and that Defendants' Motion to Set Aside Entry of Default and Opposition to Plaintiff's Motion for Entry of Default Judgment (Doc. 43)..
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ORDER
WILLIAM L. OSTEEN, Jr., District Judge.
This matter is before this court for review of the Memorandum Opinion and Recommendation filed on May 5, 2016, by the Magistrate Judge in accordance with 28 U.S.C. § 636(b). (Doc. 46.) In the Recommendation, the Magistrate Judge recommends that Plaintiff's Motion for Entry of Default Judgment (Doc. 42) be denied and that Defendants' Motion to Set Aside Entry of Default and Opposition to Plaintiff's Motion for Entry of Default Judgment (Doc. 43) be granted. The Recommendation was served on the parties to this action on May 5, 2016 (Doc. 47). Plaintiff timely filed objections (Doc. 48) to the Recommendation.
This court is required to "make a de novo determination of those portions of the [Magistrate Judge's] report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). This court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the [M]agistrate [J]udge. . . . [O]r recommit the matter to the [M]agistrate [J]udge with instructions." Id.
This court has appropriately reviewed the portions of the Recommendation to which objections were made and has made a de novo determination which is in accord with the Magistrate Judge's Recommendation. This court therefore adopts the Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation (Doc. 46) is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's Motion for Entry of Default Judgment (Doc. 42) is DENIED, that Defendants' Motion to Set Aside Entry of Default and Opposition to Plaintiff's Motion for Entry of Default Judgment (Doc. 43) is GRANTED, and that the Partial Entry of Default as to Defendants Durham S.E.T., City of Durham, and Durham Police Department (Doc. 41) is hereby SET ASIDE.1