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Barnaby v. Witkowski

United States District Court, W.D. Michigan

January 26, 2015

OWEN W. BARNABY, Plaintiff,
v.
BRET WITKOWSKI, et al., Defendants

Owen W. Barnaby, Plaintiff, Pro se, Kennesaw, GA.

ELLEN S. CARMODY, United States Magistrate Judge. Hon Janet T. Neff.

REPORT AND RECOMMENDATION

ELLEN S. CARMODY, U.S. Magistrate Judge

This matter is before the Court on Plaintiff's Motion for Default for Failure to Comply with Fed.R.Civ.P. 12 (Dkt. 4), which was referred to the undersigned by the Honorable Janet T. Neff for report and recommendation under 28 U.S.C. § 636(b)(1)(B). A review of the docket shows that summonses for defendants were never issued. On December 12, 2014, the proposed summons received from plaintiff was returned to him because both defendants were listed on one summons. Summonses listing each defendant separately have not been submitted by plaintiff so have not been issued by the court. As defendants have not been properly served, the undersigned recommends that the motion (Dkt. 4) be denied without prejudice as premature.


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