Gibson v. Gusman et al

Filing 48

ORDER denying 43 Motion for Default Judgment, 44 Motion for Preliminary Injunction. Signed by Magistrate Judge Alma L. Chasez. (lag, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
PHILIP GIBSON

CIVIL ACTION

VERSUS

NUMBER: 13-0463

MARLIN GUSMAN, ET AL.

SECTION: "G"(5)
ORDER ON MOTION
SEPTEMBER 12, 2013

APPEARANCES:
MOTION:
(1)
(2)

Plaintiff's Motion for Default Judgment (Rec. doc. 43).
Plaintiff's Order to Show Cause for a Preliminary Injunction
(Rec. doc. 44).
:

Continued to

:

No opposition

:

Opposition

ORDERED
:

Dismissed as moot.

:

Dismissed for failure of counsel to appear.

:

Granted.

1, 2 :

Denied.
1:

2:

:

The Clerk of Court has not entered a default
under Rule 55(a) of the Federal Rules of Civil
Procedure and this case is subject to the
provisions of the Prison Litigation and Reform
Act which provides that no relief shall be
granted to a plaintiff until the defendant has
filed a reply.
42 U.S.C. §1997e(g)(1);
Griffin v. Foti, No. 03-CV-1274, 2003 WL
22836493 at *1 (E.D. La. Nov. 24, 2003).
Moreover, the Court's order of July 22, 2013
(rec. doc. 36) directed the defendants to file
a response to plaintiff's motion for leave to
supplement his complaint which they did on
July 26, 2013. (Rec. doc. 37). The order did
not direct the defendants to file an answer to
plaintiff's supplemental complaint and, in any
event, plaintiff's motion to supplement was
denied on August 12, 2013. (Rec. doc. 38).
Alleged mail interference was not pled by
plaintiff in his original or supplemental
complaints.
(Rec. docs. 1, 4, 12).
In
addition, plaintiff makes no showing that his
position as a litigant was prejudiced or that
his legal mail was censored.
Walker v.
Navarro County Jail, 4 F.3d 410, 413 (5th Cir.
1993).

Other.

ALMA L. CHASEZ
UNITED STATES MAGISTRATE JUDGE

2