El Bey v. McCord et al

Filing 31

ORDER entered by Judge Ortrie D. Smith denying 20 motion for default judgment; denying 21 motion for default judgment; denying 22 motion for default judgment; denying 23 motion for default judgment; denying 24 motion for default judgment. (Order mailed to Plaintiff.) (Matthes, Renea)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION MARVIN MUHAMMAD EL BEY, ) ) Plaintiff, ) ) vs. ) ) OFFICER GREGORY MCCORD, ) OFFICER A. BOWLIN, ) OFFICER GREG SMITH, ) GRANDVIEW POLICE DEPARTMENT ) CITY OF GRANDVIEW, ) ) Defendants. ) Case No. 13-0586-CV-W-ODS ORDER AND OPINION DENYING PLAINTIFF’S MOTIONS FOR DEFAULT JUDGMENT Plaintiff’s Motion for Default Judgment against Greg Smith (Doc. 20), Plaintiff’s Motion for Default Judgment against Gregory McCord (Doc. 21), Plaintiff’s Motion for Default Judgment against A. Bowlin (Doc. 22), Plaintiff’s Motion for Default Judgment against City of Grandview (Doc. 23), and Plaintiff’s Motion for Default Judgment against the Grandview Police Department (Doc. 24). Defendants timely filed their Motions to Dismiss Plaintiff’s Complaint and Supporting Suggestions, as well as their Suggestions in Opposition to Plaintiff’s Motion for Summary Judgment on August 20, 2013. See Docs. 16, 17, & 18. Accordingly, Defendants are not in default pursuant to Rule 55 of the Federal Rules of Civil Procedure. Defendants’ request to issue sanctions against Plaintiff is denied. IT IS SO ORDERED. DATE: October 2, 2013 /s/ Ortrie D. Smith ORTRIE D. SMITH, SENIOR JUDGE UNITED STATES DISTRICT COURT

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