Butler v. Ballard
ORDER denying 9 Motion to set trial. Signed by Magistrate Judge Robert T. Numbers, II on 10/7/2016. Order to plaintiff via US Mail at P. O. Box 4252, Cleveland, TN 37320. (Marsh, K)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Terry Lynn Butler,
Margaret Ann Ballard,
Plaintiff Terry Lynn Butler has filed a motion requesting a trial date. D.E. 9. This
motion is premature as the time for Defendant Margaret Ann Ballard to file an answer has not
expired and the parties have not engaged in discovery. The court will set a trial date after the
parties have had the opportunity to engage in discovery and motions for summary judgment, if
any are filed, are ruled upon. Therefore, this motion is denied.
Additionally, Butler has submitted several blank subpoenas, which the court presumes he
would like the Clerk of Court to execute and return to him. D.E. 6, 11. However, the proposed
subpoenas fail to comply with the requirements of Rule 45 of the Federal Rules of Civil
Procedure and the parties are not authorized to conduct discovery because they have not yet held
a Rule 26(f) conference. Therefore, the Clerk of Court is directed to strike these documents from
Finally, Plaintiff has submitted a pleading captioned “Notice(s): Jurisdiction.” D.E. 12.
The document is not signed by Butler as required by Rule 11(a). See Fed. R. Civ. P. 11(a).
Moreover, this document does not appear to be a pleading, motion, or other filing authorized by
the Federal Rules of Civil Procedure. Therefore, the Clerk of Court is directed to strike this
filing from the docket.
Dated: October 7, 2016.
Dated: October 7, 2016
ROBERT T. NUMBERS, II
Robert UNITED STATES MAGISTRATE JUDGE
T. Numbers, II
United States Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?