UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

JAMES ROBERT BATES, 

 Plaintiff, Case No. 15-cv-10109 

v. Honorable Patrick J. Duggan 

 

OBELL WINN, et al., 

 Defendants. 

________________________/ 

ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND 

RECOMMENDATION AND DENYING PLAINTIFF’S MOTION FOR 

DEFAULT JUDGMENT 

 On October 27, 2014, pro se Plaintiff James Robert Bates, a prisoner in the 

custody of the Michigan Department of Corrections, instituted this prisoner’s civil 

rights case against Defendant Obell Winn, the warden of the Saginaw Regional 

Correctional Facility, and other prison officials pursuant to 42 U.S.C. § 1983. 

Although Plaintiff filed his pro se complaint in the United States District Court for 

the Western District of Michigan, the action was subsequently transferred to the 

Eastern District of Michigan. In his complaint, Plaintiff alleges that his Eighth 

Amendment rights were violated after he was assaulted by two inmates and later 

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denied medical treatment. The Court referred the case to Magistrate Judge 

Elizabeth A. Stafford for all pretrial matters pursuant to 28 U.S.C. § 636(b)(1). 

 On June 5, 2015, Plaintiff filed a motion for default judgment as to 

Defendant Winn for failure to answer or otherwise defend this lawsuit. On June 8, 

2015, Magistrate Judge Stafford issued a Report and Recommendation (“R&R”), 

recommending that the Court deny the motion because, under 42 U.S.C. § 

1997e(g)(1), “any defendant may waive the right to reply to any action brought by 

a prisoner . . . under § 1983” and “such waiver shall not constitute an admission of 

the allegations contained in the complaint.” Magistrate Judge Stafford also noted 

that, contrary to Plaintiff’s contention, Defendant Winn defended this action by 

filing a motion for summary judgment on May 20, 2015. At the conclusion of the 

R&R, Magistrate Judge Stafford informed the parties that any objections to the 

R&R must be filed within fourteen days and that the failure to file specific 

objections constitutes a waiver of any further right of appeal. Neither party has 

filed objections to the R&R, and the time for doing so has expired. 

 Having thoroughly reviewed the parties’ papers and the R&R, the Court 

concurs with the conclusion reached by Magistrate Judge Stafford. The Court 

further notes that although not explicitly referenced in the R&R, Defendant Winn 

executed a waiver of service, which was sent on May 11, 2015 and docketed by 

this Court on May 15, 2015. (ECF No. 26.) The docket further reflects that 

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Defendant Winn was not required to file an answer or otherwise file a responsive 

pleading until July 10, 2015. (Id.) For this reason, Plaintiff’s June 5, 2010 motion 

for default judgment was filed prematurely, and could have been denied on this 

basis alone. 

 Accordingly, 

IT IS ORDERED that Magistrate Judge Stafford’s R&R (ECF No. 31) is 

ADOPTED and Plaintiff’s motion for default judgment (ECF No. 29 ) is 

DENIED. 

Dated: July 17, 2015 

 

 s/PATRICK J. DUGGAN 

 UNITED STATES DISTRICT JUDGE 

Copies to: 

James Robert Bates, #337711 

19336 Schaefer Hwy. 

Detroit, MI 48235

Allan J. Soros, AAG 

 

 

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