Opinion
CIVIL ACTION 05-00316-BH-B.
August 19, 2008
ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that Plaintiff's Motion for Default be DENIED , and that Defendants' Motion for an Extension be GRANTED.
To the extent plaintiff argues that a default judgment is due to be entered against James A. Boyington for his failure to separately answer plaintiff's complaint, plaintiff's contention is specious. Mr. Boyington is deceased (Doc. 36).