Murphy v. Secretary of United States Department of HUD et al (MAG+)

Filing 26

OPINION AND ORDER: it is ORDERED as follows: (1) Plf Rodney J. Murphy's motions for default judgment in Civ. Action No. 2:15-cv-308 (doc. no. 15 ) and Civ. Action No. 2:15-cv-397 (doc. no. 14) are denied; (2) Dft State of Alabama's motion to dismiss in Civ. Action No. 2:15-cv-308 (doc. no. 7 ) is denied without prejudice. Signed by Honorable Judge Myron H. Thompson on 2/22/2016. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
RODNEY J. MURPHY,

)
)
Plaintiff,
)
)
v.
)
)
SECRETARY OF UNITED STATES )
DEPARTMENT OF H.U.D.,
)
et al.,
)
)
Defendants.
)

)
)
Plaintiff,
)
)
v.
)
)
SECRETARY OF UNITED STATES )
DEPARTMENT OF H.U.D.,
)
)
Defendant.
)

CIVIL ACTION NO.
2:15cv308-MHT
(WO)

RODNEY MURPHY,

CIVIL ACTION NO.
2:15cv397-MHT
(WO)

OPINION AND ORDER
Pending before the court are defendant State of
Alabama’s motion to dismiss

and plaintiff Rodney J.

Murphy’s motions for default judgment.

For the reasons

below, these motions will be denied.
Previously, these cases were referred to the United
States Magistrate Judge pursuant to 28 U.S.C. § 636 for
consideration and disposition or recommendation on all
pretrial matters as may be appropriate.

The magistrate

judge granted Murphy’s amended motions to proceed in
forma pauperis.

See Orders (Civ. Action No. 2:15-cv-

308 doc. no. 20; Civ. Action No. 2:15-cv-397 doc. no.
17.)

However,

to

allow

for

the

mandatory

review

required by 28 U.S.C. § 1915, the magistrate judge also
stayed

service

complaints.
magistrate

of

process

pending

a

review

of

the

Service of process is not issued until the
judge

reviews

the

complaint

for

any

procedural or substantive deficiencies, a process which
is not yet complete.
officially

served,

As the defendants have not been
Murphy’s

motions

for

judgment are premature and cannot be granted.

2

default

Further,
amend

his

the

magistrate

complaint

on

or

judge
before

ordered
March

Murphy
11,

to

2016.

Defendant State of Alabama’s motion to dismiss will be
rendered moot upon filing of the amended complaint.
* * *
Accordingly, it is ORDERED as follows:
(1) Plaintiff

Rodney

J.

Murphy’s

motions

for

default judgment in Civ. Action No. 2:15-cv-308 (doc.
no. 15) and Civ. Action No. 2:15-cv-397 (doc. no. 14)
are denied.
(2) Defendant State of Alabama’s motion to dismiss
in Civ. Action No. 2:15-cv-308 (doc. no. 7) is denied
without prejudice.
DONE, this the 22nd day of February, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE