FERRANTI v. DIXON

Filing 24

ORDER vacating the entry of default against Defendant Joseph Dixon; denying Pltf's 22 Motion for Default Judgment; denying w/out prejudice Deft's 20 Motion to Dismiss; directing Deft to file a procedurally appropriate responsive pleading by 10/26/2015. Signed by Judge Noel L. Hillman on 10/6/2015. (drw)n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
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Plaintiff,
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v.
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JOSEPH DIXON,
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Defendant.
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___________________________________:
JACK FERRANTI,

Civ. No. 14-3331 (NLH)
ORDER

For the reasons set forth in the accompanying Opinion,
IT IS on this

6th

day of

October

, 2015,

ORDERED that Plaintiff’s claims under Bivens v. Six Unknown
Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388, 91
S.Ct. 1999, 29 L.Ed.2d 619 (1971) against Defendant will not be
dismissed under 28 U.S.C. § 1915A; and it is further
ORDERED that the entry of default against Defendant Joseph
Dixon will be vacated; and it is further
ORDERED that Plaintiff’s Motion for Default Judgment (ECF
No. 22) is DENIED; and it is further
ORDERED that Defendant’s Motion to Dismiss or, in the
alternative, for Summary Judgment (ECF No. 20) is DENIED WITHOUT
PREJUDICE.

Defendant may refile his motions as separate,

procedurally appropriate filings; and it is further

ORDERED that Defendant shall file and serve a procedurally
appropriate responsive pleading no later than October 26, 2015;
it is further
ORDERED that the Clerk of the Court shall serve a copy of
this Order upon Plaintiff by regular U.S. mail.

At Camden, New Jersey

___s/ Noel L. Hillman_____
NOEL L. HILLMAN
United States District Judge