Opinion
CIVIL 18-12185
06-28-2021
ROBERT STANLEY as Personal Representative of the Estate of Martha Stanley, Deceased, Plaintiff, v. WAYNE COUNTY, TERRY GRAHAM, ERNESTINE THOMAS, DEPUTY WELCH, DEPUTY CABLE, DEPUTY KONEGE, SGT. CHASE, and CPL TAYLOR, Defendants.
OPINION AND ORDER (i) ADOPTING MAGISTRATE JUDGE'S MAY 6, 2021 REPORT AND RECOMMENDATION, (ii) DENYING AS MOOT PLAINTIFF'S MOTION TO ADOPT; AND (iii) SCHEDULING DAMAGES HEARING
LINDA V. PARKER, U.S. DISTRICT JUDGE
This lawsuit arises from Martha Stanley's death while incarcerated in the Wayne County Jail. Plaintiff commenced the action against Defendants on July 12, 2018. On March 26, 2021, Plaintiff filed a motion seeking a default judgment against Defendants as a discovery sanction under Federal Rule of Civil Procedure Rule 37 and/or for failure to respond to Plaintiff's Complaint and/or Amended Complaint pursuant to Rule 55. (ECF No. 54.) This Court referred Plaintiff's motion to Magistrate Judge Anthony P. Patti for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B).
On May 6, 2021, Magistrate Judge Patti issued a report and recommendation (“R&R”) recommending that the Court grant Plaintiff's motion and notice a hearing for Plaintiff to put forth evidentiary proof of damages. (ECF No. 59.) At the conclusion of the R&R, Magistrate Judge Patti advises the parties that they may object to and seek review of the R&R within fourteen days of service upon them. (Id. at Pg ID 673-74.) He further specifically advises the parties that “[f]ailure to file specific objections constitutes a waiver of any further right to appeal.” (Id.) Neither party filed objections to the R&R. Plaintiff did file an unnecessary “Motion to Adopt Magistrate's Report and Recommendation on Plaintiff's Motion for Sanctions and Entry of Default.” (ECF No. 60.)
Plaintiff's counsel should take note that since 1991, the proper term is “magistrate judge” not “magistrate.” See Judicial Improvements Act of 1990, Pub. L. No. 101650, §321, 104 Stat. 5089 (1990) (“After the enactment of this Act, each United States magistrate . . . shall be known as a United States magistrate judge.”); see also Ruth Dapper, A Judge by Any Other Name? Mistitling of the United States Magistrate Judge, 9 Fed. Courts L. Rev. 1, 5-6 (2015). Thus, the word “magistrate” is no longer appropriately used as a noun in federal courts, but only as an adjective, indicating the type of judge to which one is referring. Referring to a magistrate judge as “magistrate” is the equivalent of calling a district judge “district, ” a bankruptcy judge “bankruptcy, ” a circuit judge “circuit, ” or perhaps just as inappropriately, a lieutenant colonel “lieutenant.” The correct salutation is either “Magistrate Judge” or simply “Judge.”
The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Patti. The Court therefore adopts the R&R.
Accordingly, IT IS ORDERED that Plaintiff's motion for sanctions and for default judgment (ECF No. 54) is GRANTED;
IT IS FURTHER ORDERED that a virtual evidentiary hearing via Zoom on the issue of damages is scheduled for July 21, 2021 at 12:00 p.m. before the undersigned. A notice of hearing will be filed separately.
IT IS SO ORDERED.