Cruse v. Holley et al, No. 3:2017cv00797 - Document 34 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 33 Findings and Recommendation of the Magistrate Judge; DENYING 29 Motion by Wendell Leonard Cruse for Entry of Default Judgment against Mark Pilcher; GRANTING 31 MOTION by Mark Pilc her to Set Aside Judgment; directing Defendant Pilcher to file an answer or otherwise respond to Plaintiff's complaint within ten days of entry of this Order, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 8/16/2017. (cc: attys; any unrepresented parties) (mkw)
Download PDF
<![CDATA[
Cruse v. Holley et al Doc. 34 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION WENDELL CRUSE, Plaintiff, v. CIVIL ACTION NO. 3:17-0797 PAULA HOLLEY, Clerk Cabell County W.Va. Magistrate Court; DEBBIE MCGUIRE, Magistrate Assistant; MARK PILCHER; MAGISTRATE FERGERSON, Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court deny Plaintiff’s motion for default judgment (ECF No. 29); grant Defendant Pilcher’s motion to set aside default (ECF No. 31); and order that Defendant Pilcher file an answer or otherwise respond to Plaintiff’s complaint within ten (10) days of entry of the Court’s Order. Neither party has filed objections to the Magistrate Judge=s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES Plaintiff’s motion for default judgment (ECF No. 29); GRANTS Defendant Pilcher’s motion to set aside default (ECF No. 31); and ORDERS Defendant Dockets.Justia.com Pilcher to file an answer or otherwise respond to Plaintiff’s complaint within ten (10) days of entry of this Order, consistent with the findings and recommendations. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: -2- August 16, 2017
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
