Prince v. Cha et al
Filing
34
ORDER - Plaintiff's objection to the Magistrate Judge's recommendation that Plaintiff's motion to proceed in forma pauperis is MOOT; Plaintiff's objections to the August 7, 2013 Report and Recommendation are OVERRULED; the Report and Recommendation is ADOPTED. Signed by Judge Michael H. Watson on 10/22/13. (jk1)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
James J. Prince,
Plaintiff
Civil Action 2:13-cv-35
Judge Watson
v.
Magistrate Judge Abel
Dr. Cha, eta/.,
Defendants
ORDER
This matter is before the Court on Plaintiff's August 19, 2013 objections to
the Magistrate Judge's August 7, 2013 Report and Recommendation (ECF No.
24).
Plaintiff objects to the Magistrate Judge's ruling that Defendants are not in
default despite their failure to serve their answer on him.
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The Magistrate Judge
also has refused to extend the deadline for completing discovery and denied
Plaintiff his right to appeal to the Sixth Circuit. Plaintiff seeks to appeal the
Court's July 19, 2013 Order denying his motion for default judgment and his
motion to strike. He seeks sanctions and attorney fees against counsel for
The Report and Recommendation did not address Plaintiffs motion for default
judgment. Rather, the Court's July 19, 2013 Order denied Plaintiffs motion for default
judgment. The Report and Recommendation recommended that Plaintiff's motion to
proceed in forma pauperis be denied.
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Defendants for his failure to properly serve Defendants' answer, which resulted in
unnecessary litigation. Plaintiff also seeks an extension of the deadline for
completing discovery.
Plaintiff's objections are overruled. An order denying a motion for default
judgment is not an appealable order. Buchanan v. Wilson, No. 90-5427, 1990 WL
67890, at *1 (6th Cir. 1990) (citing Grandbouche v. Clancy, 825 F.2d 1463, 1468
(1Oth Cir. 1987)).
Plaintiff's objection to the Magistrate Judge's recommendation that
Plaintiff's motion to proceed in forma pauperis is MOOT.
Plaintiff contends that he has been denied an extension of the deadline for
completing discovery; however, it does not appear that plaintiff has filed any
motion seeking such extension. The deadline for completing discovery is
extended to December 29, 2013, and dispositive motions must be filed no later
than January 29, 2014. Plaintiff's objections to the August 7, 2013 Report and
Recommendation are otherwise OVERRULED. The Sixth Circuit dismissed
Plaintiff's appeal. See ECF No. 28.
Upon de novo review in accordance with the provisions of 28 U.S.C.
ยง636(b)(1 )(B), the Court ADOPTS the Report and Recommendation.
IT IS SO ORDERED.
ICHAEL H. ATSON, JUDG
UNITED STATES DISTRICT COURT
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