Solomon v. Michigan Department of Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

MARTIN ANTONIO SOLOMON, 2:19-CV-12354-TGB-RSW Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION vs. MICHIGAN DEPT. OF CORRECTIONS, ET AL., Respondents.

This matter is before the Court on Magistrate Judge R. Steven Whalen’s Report and Recommendation of August 8, 2020, recommending that Plaintiff’s motion for default judgment (ECF No. 63) be denied.

The Court has reviewed the Magistrate Judge’s Report and Recommendation. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of a report and recommendation. 28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report . . . to which objection is made.” Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will therefore accept the Magistrate’s Report and Recommendation of August 8, 2020 as this Court’s findings of fact and conclusions of law.

Accordingly, it is hereby ORDERED that Magistrate Judge Whalen’s Report and Recommendation of August 8, 2020, is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Plaintiff’s Motion for Default Judgment is DENIED.

Dated: September 4, 2020.

BY THE COURT:

/s/Terrence G. Berg TERRENCE G. BERG United States District Judge