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Haworth v. Haddock

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 26, 2009

JEFF HAWORTH, PLAINTIFF,
v.
ARTURO HADDOCK, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

(Document 51)

On December 17, 2008, the Magistrate Judge issued Findings and Recommendation that Defendant's motion to set aside default and default judgment. This Findings and Recommendation was served on all parties and contained notice that any objections were to be filed within thirty (30) days of the date of service of the order. No objections were filed. However, on December 22, 2008, Plaintiff filed a notice that the default and default judgment previously entered against Defendant was set aside. On that same date, Plaintiff filed a First Amended Complaint.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the Magistrate Judge's Findings and Recommendation is supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendation issued December 17, 2008, is ADOPTED IN FULL;

2. Defendant's motion to set aside the default and default judgment is GRANTED.

IT IS SO ORDERED.

20090126

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