Stevens v. Commissioner of Social Security

Filing 33

ORDER to STRIKE Plaintiff's 32 Motion for Default Judgment, signed by Magistrate Judge Barbara A. McAuliffe on 4/9/2013. (Figueroa, O)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 RYAN CRAIG STEVENS, 9 Case No. 1: 12-cv-00020-BAM Plaintiff, ORDER TO STRIKE PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT 10 vs. (Doc. 32). 11 12 CAROLYN W. COLVIN, COMMISSIONER OF SOCIAL SECURITY, 13 Defendant. / 14 15 On January 4, 2012, Plaintiff Ryan Stevens, proceeding pro se and in forma pauperis, filed a 16 complaint for judicial review of the decision of the commissioner of social security (“Commissioner”). 17 On March 29, 2013, this Court issued its Order denying Plaintiff’s appeal from the administrative 18 decision of the Commissioner. (Doc. 29). The Court directed the Clerk of the Court to enter judgment 19 in favor of the Commissioner and on March 29, 2013, judgment was entered and Plaintiff’s case was 20 closed. (Doc. 30). On April 3, 2013, Plaintiff filed a “Motion for Default Judgement” alleging that the 21 Commissioner’s reply brief was filed after the deadline. (Doc. 32). Since the Court has ordered 22 dismissal of this action, the motion is moot and fails to comply with the Federal Rules of Civil 23 Procedure. Accordingly, this Court STRIKES Plaintiff’s Motion for Default Judgment. 24 25 IT IS SO ORDERED. Dated: 10c20k April 9, 2013 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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