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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?