Kennedy v. Holiday Capital Group LLC

Filing 3

ORDER Denying without prejudice 2 Plaintiff's Motion for Default Judgment. IT IS FURTHER ORDERED that the Clerk shall send Plaintiff a non-prisoner Application for Leave to Proceed In Forma Pauperis. Signed by Magistrate Judge George Foley, Jr on 04/02/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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WILLIAM J. KENNEDY,

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Plaintiff,
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vs.
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HOLIDAY CAPITAL GROUP, LLC,
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Defendant.
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____________________________________)

Case No. 2:13-cv-01628-GMN-GWF
ORDER
Plaintiff’s Motion for Default Judgment (#2)

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This matter comes before the Court on Plaintiff’s Motion for Default Judgment (#2), filed on
October 24, 2013.
Plaintiff filed a Civil Rights Complaint (#1) pursuant to 42 U.S.C. § 1983 on September 9,

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2013. Plaintiff, however, has not yet submitted an Application for Leave to Proceed In Forma Pauperis

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in lieu of paying the filing fee. As such, Plaintiff’s Motion for Default Judgment is premature and must

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be denied at this time. If Plaintiff wishes to proceed with this action, he must either submit the full

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filing fee of $400, or resubmit his Complaint (#1) with an Application to Proceed In Forma Pauperis to

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allow for Court screening pursuant to 28 U.S.C. § 1915. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Default Judgment (#2) is denied
without prejudice.
IT IS FURTHER ORDERED that the Clerk shall send Plaintiff a non-prisoner Application for
Leave to Proceed In Forma Pauperis.
DATED this 2nd day of April, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge