O'Halloran et al v. Department Of The Navy et al

Filing 23

ORDER Denying 18 Plaintiffs' Third and Final Motion for Default Summary Judgment. Signed by Judge Philip M. Pro on 8/4/10. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:09-CV-01851-PMP-LRL

PH.D. JOY-CHARITY G. O'HALLORAN, JOY-CHARITY GRACE O'HALLORAN, 9 PH.D. TRUST
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Plaintiffs, vs.

ORDER

DEPARTMENT OF THE NAVY, DEPARTMENT OF DEFENSE OF THE 13 UNITED STATES
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Defendants.

Before the Court for consideration is Plaintiffs' Third and Final Motion for Default Summary Judgment (Doc. #18), filed on June 22, 2010. On July 6, 2010, Defendants' filed their Response (Doc. #20) to which Plaintiffs' Replied (Doc. #21) on July 22, 2010. Having read and considered the foregoing, the Court finds that Plaintiffs' motion for default judgment (Doc. #18) must be denied. The Court finds merit in Defendants' response that Plaintiffs' motion for summary judgment is incomprehensible and unintelligible. So too is Plaintiffs' Complaint. Although pleadings prepared by Pro Se litigants are liberally construed, a Pro Se Plaintiff is not excused from stating a cognizable claim for relief. The Court can discern no genuine issues of material fact raised in Plaintiffs' Complaint or identified by Plaintiffs' motion for summary judgment.

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IT IS THEREFORE ORDERED that Plaintiffs' Third and Final Motion for Default Summary Judgment (Doc. #18) is DENIED. DATED: August 4, 2010.

PHILIP M. PRO United States District Judge

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