SPENCER v. FIES

Full title: RAVANNA SPENCER, Plaintiff, v. C/O FIES, et al., Defendants

Court: United States District Court, W.D. Pennsylvania

Date published: Oct 14, 2008

C.A. No. 06-132 Erie (W.D. Pa. Oct. 14, 2008)

Opinion

C.A. No. 06-132 Erie.

October 14, 2008

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

Plaintiff's civil rights complaint was received by the Clerk of Court on June 5, 2006 and was referred to Chief United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Chief Magistrate Judge's report and recommendation, filed on June 27, 2008 [119], recommends that the Motion of Defendant Daniel Telega, P.A., to Set Aside or Open Default Judgment [117] be granted and that Plaintiff's Motion for Entry of Default Judgment [106] be denied. The parties were allowed ten (10) days from the date of service in which to file objections. Service was made on Plaintiff by certified mail at SCI Fayette, where he is incarcerated, and on the Defendants. No objections were filed.

After de novo review of the Complaint and the documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 14^th Day of October, 2008, IT IS ORDERED that the Motion of Defendant Daniel Telega, P.A., to Set Aside or Open Default Judgment [117] be, and hereby is, GRANTED and Plaintiff's Motion for Entry of Default Judgment [106] be, and hereby is, DENIED.

The report and recommendation of Chief Magistrate Judge Baxter dated June 27, 2008 [119] is adopted as the opinion of this Court.