Opinion
No. 3:05cv0743 AS-CAN.
June 7, 2006
MEMORANDUM AND ORDER
This court takes full judicial notice of the record in this case since its filing on March 10, 2003. Of particular focus now is the Report and Recommendation filed by United States Magistrate Judge, Christopher A. Nuechterlein on March 29, 2006. As of May 24, 2006, no objections have been filed and the time has now expired for doing so.
Obviously defaults under Rule 55(a) of the Federal Rules of Civil Procedure must be handled with restraint and care. Such has been done here by the magistrate judge, and there has been compliance with Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982). Actually, motions for a clerk's entry of default have been requested in cause numbers 3:05cv0679 and 3:05cv0742, and those are each DENIED. The recommendation further recommends that in cause number 3:05cv0743, the default be VACATED and that the Clerk's entry of default be DENIED. Thus, the recommendation of the magistrate judge filed March 29, 2006 is ADOPTED FULLY, and results in the denial of defaults in all three of the referenced cases. IT IS SO ORDERED.