UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TERRENCE GARRETT,

Plaintiff, CIVIL ACTION NO. 09-13141

vs. DISTRICT JUDGE AVERN COHN

 

STATE TROOPER ADAMS, et.al., MAGISTRATE JUDGE DONALD A. SCHEER

 Defendants. 

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MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

RECOMMENDATION: Plaintiff’s Motion for a Default Judgment should be DENIED, as all the

Defendants filed a timely response to the Amended Complaint.

* * * 

This cause comes before the Court on Plaintiff’s Motion for a Default Judgment (Docket

#48). Defendants filed separate responses opposing the motion (Docket #49-#50, #57-#58).

Since Defendants filed timely responses to the summons and Amended Complaint, Plaintiff

is not entitled to default judgment.

Even though Plaintiff was given in forma pauperis status on September 8, 2009,

service of process could not be commenced until Plaintiff provided the court with complete

addresses for each defendant he wished to sue (Docket #5). Plaintiff provided these

addresses to the Court on October 09, 2009 (Docket #15). 

Plaintiff then filed numerous proposed amendments to his claims. Given the number

of proposed amendments, Plaintiff was ORDERED to file an Amended Complaint on

November 2, 2009. Plaintiff was again requested to provide the Court with the names and

updated addresses of each defendant named in the Amended Complaint, so that service by

the United States Marshal may be effected (Docket #19). Plaintiff filed an Amended Complaint
on November 13, 2009, providing the names and addresses of each defendant he wished to

sue (Docket #21).

The summons and Amended Complaint were served by the United States Marshal

upon all the Defendants on March 17, 2010, (Docket #25-#39). According to Federal Rule

of Civil Procedure 12(a)(1)(A)(I), defendants had to file an answer within 21 days after being

served with the summons and complaint. However, Federal Rule of Civil Procedure

12(a)(1)(A)(ii) allows a defendant 60 days to file an answer, provided that waiver of service

was timely under Rule 4(d), and the request for waiver had been sent.

All the defendants in the instant case were served with a Request for Waiver of Service

of Summons in March 2010. Each of the defendants timely returned the waiver of service of

summons by April 7, 2010. By reason of the timely filed waivers of service of summons, the

deadline for the defendants to respond the complaint was 60 days from April 7, 2010. Every

defendant timely answered the Amended Complaint, and duly served Plaintiff on May 17,

2010 (Docket #41, #43-45). Since each Defendant filed a timely response to Plaintiff’s

summons and Amended Complaint, the Motion for Default Judgment should be DENIED. 

The parties are advised that any objections to this Report and Recommendation must

be filed with the Court within fourteen (14) days after they are served with a copy, or further

appeal from Judge Cohn’s acceptance thereof is waived.

s/Donald A. Scheer

DONALD A. SCHEER

DATED: September 9, 2010 UNITED STATES MAGISTRATE JUDGE

________________________________________________________________________

CERTIFICATE OF SERVICE

I hereby certify on September 9, 2010 that I electronically filed the foregoing paper with the Clerk of the Court

sending notification of such filing to all counsel registered electronically. I hereby certify that a copy of this paper was mailed

to the following non-registered ECF participants on September 9, 2010: Terrence Garrett.

s/Michael E. Lang 

Deputy Clerk to 

Magistrate Judge Donald A. Scheer

(313) 234-5217

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