Theriot v. Durano

Filing 19

ORDER Denying 16 Request for Entry of Default and MOTION for Default Judgment filed by Kevin Theriot. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KEVIN THERIOT,
Plaintiff,
CASE NO. 5:12-CV-11629
HONORABLE JOHN CORBETT O’MEARA

v.
DURANO, et al.,

Defendants.
____________________________________/
ORDER DENYING REQUEST FOR ENTRY OF DEFAULT
AND MOTION FOR DEFAULT JUDGMENT
Michigan prisoner Kevin Theriot (“Plaintiff”) filed a pro se civil rights complaint pursuant
to 42 U.S.C. § 1983, which the Court recently dismissed for failure to state a claim upon which relief
may be granted. This matter is before the Court on Plaintiff’s “Request for Entry of Default and
Motion for Default Judgment” based upon the defendants’ failure to respond to his complaint.
Given that the Court dismissed the complaint prior to service upon the defendants, Plaintiff’s default
request/motion is without merit and has, in fact, been rendered moot. Accordingly, the Court
DENIES Plaintiff’s request for entry of default and motion for default judgment. This case is
closed.

s/John Corbett O’Meara
United States District Judge

Date: June 6, 2012

I hereby certify that a copy of the foregoing document was served Plaintiff on this date, June
6, 2012, using first-class U.S. mail.

s/William Barkholz
Case Manager

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