Opinion
Case No. 10-14403
02-08-2013
RONNIE PETERSON , Plaintiff, v. DEYON PAYTON, ET AL., Defendants.
SENIOR UNITED STATES DISTRICT JUDGE
ARTHUR J. TARNOW
MAGISTRATE JUDGE R. STEVEN WHALEN
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION [33]; DENYING PLAINTIFF'S MOTION FOR ENTRY OF
DEFAULT JUDGMENT [30]; AND ASSESSING RULE 37 SANCTIONS AGAINST
DEFENDANT
Before the Court is Plaintiff's Motion for Entry of Default Judgment Against Devon Payton [30], filed on October 16, 2012. On November 28, 2012, the Magistrate Judge issued a Report and Recommendation [33] recommending that the Court deny Plaintiff's Motion [30] and assess Federal Rules of Civil Procedure Rule 37 sanctions against Defendant Payton in the amount of $250.00.
Defendant Payton has not filed any objections to the Report and Recommendation [33]. The Court has reviewed the record in this case.
The Report and Recommendation of the Magistrate Judge is hereby ADOPTED and is entered as the findings and conclusions of the Court.
Accordingly,
IT IS ORDERED that Plaintiff's Motion to for Entry of Default Judgment Against Devon Payton [30] is DENIED.
IT IS FURTHER ORDERED that Defendant Payton pay Plaintiff's counsel $250.00 as a Federal Rules of Civil Procedure Rule 37 sanction.
SO ORDERED.
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ARTHUR J. TARNOW
SENIOR U.S. DISTRICT JUDGE