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Burnside v. Walters

United States District Court, W.D. Tennessee, Western Division

January 2, 2015

WILLIAM DAVID BURNSIDE, Plaintiff,
v.
T. WALTERS, ET AL., Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION TO SET ASIDE ENTRY OF DEFAULT

JAMES D. TODD, District Judge.

Following service of process, the pro se Plaintiff, William David Burnside, filed a motion seeking entry of default against the City of Memphis and Cynthia Puljic, two of the various Defendants named in the amended complaint. (ECF No. 55.) The Clerk entered default on December 1, 2014. (ECF No. 56.) However, on December 2 and 3, 2014, Plaintiff filed motions to withdraw his request for entry of default. (ECF Nos. 61 & 62.) He stated that he had been contacted by counsel, who advised that the interests of the City and Puljic would be represented and defended in this case. Plaintiff further indicated that he wants the case to be tried on the merits rather than by default. ( Id. )

On December 9, 2014, U.S. Magistrate Judge Tu M. Pham issued a Report and Recommendation ("R&R") in which he recommended setting aside the entry of default against the City and Puljic. (ECF No. 64.) Objections to that R&R were due within fourteen6> days, on or before December 26, 2014. See Fed.R.Civ.P. 72(b)(2); see also Fed.R.Civ.P. 6(d). No objections have been filed. Therefore, as the Magistrate Judge's determination is sound, the Court ADOPTS the R&R. The entry of default against Defendants the City of Memphis and Cynthia Puljic is hereby SET ASIDE.

IT IS SO ORDERED.


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