Opinion
Case No. 1:09-cv-413.
January 6, 2010
ORDER
This matter is before the Court on the Magistrate Judge's Report and Recommendation filed December 7, 2009 (Doc. 19).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections to the Magistrate Judge's Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the Magistrate Judge's Report and Recommendation correct.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED as follows:
1) Plaintiff's motions to amend the complaint (Docs. 7 18) are GRANTED;
2) Plaintiff's motion for default judgment (Doc. 10) is DENIED, and Plaintiff's motion for a ruling on the motion for default judgment (Doc. 16) is DENIED as MOOT; and
3) Defendant's motion to dismiss (Doc. 11) is DENIED as MOOT, subject to refiling after plaintiff files his amended complaint.
Plaintiff's amended complaint is to be filed no later than February 8, 2010.
SO ORDERED.