Yongo v. Department of the Army Et al. et al

Filing 18

ORDER denying 11 Motion for Entry of Default; denying 12 Motion for Entry of Default. Signed by Julie Richards, Chief Deputy for Dennis P. Iavarone, Clerk of Court on 4/1/2011. Copy to pro se plaintiff via regular mail. (Edwards, S.)

Yongo v. Department of the Army Et al. et al

Doc. 18

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLU'JA
WESTERN DIVISION
No.5:10-CV-220-F

PAUL COLLINS YONGO, Plaintiff, v. DEPARTMENT OF THE ARMY, HON. ROBERT GATES, DEPARTMENT OF DEFENSE, and DEFENSE ACCOUNTING & FINANCIAL SERVICES, Defendants.

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ORDER

On February 7, 2011, plaintiff Paul Collins Yongo ("plaintiff'), proceeding pro se, filed a motion for entry of default against defendant Defense Finance and Accounting Services [D.E. 11]. On February 9, 2011, plaintiff filed a motion for entry of default against defendants "Robert Gates, Timothy Geitner, Department of the Army Secretary of the Army, John McHugh, 1. Home, and Treasury Department (Internal Revenue Service)" [D.E. 12]. Plaintiff alleges that defendants failed to file a timely response to the complaint and seeks default against defendants under Rule 55 ofthe Federal Rules of Civil Procedure. Prior to requesting default, plaintiff failed to perfect proper service on defendants pursuant to Rule 4(i) ofthe Federal Rules ofCivil Procedure. On February 16, 2011, plaintifffiled a proposed summons for the United States Attorney [D.E. 14], and on February 16,2011, the clerk issued summons [D.E. 15]. On March 2,2011, service was effected on the United States Attorney [D.E. 17]. The time by which defendants must answer or respond to plaintiff s complaint has not expired.

Dockets.Justia.com

See Fed. R. Civ. P. 12(a)(2). Plaintiffs motions for entry of default are premature. Accordingly, plaintiffs motions for entry of default [D.E. 11, 12] are DENIED. Signed this 1st day of April 2011.

~ Dennis P. Iavarone, Clerk of Court

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