Justice v. Farley et al

Filing 48

ORDER denying 25 Motion for Entry of Default. Signed by Julie A. Richards, Clerk of Court on 7/18/2013. A copy of the order was mailed to the pro se plaintiff. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:13-CV-343-D
Theodore Justice,
Plaintiff,

v.
Dr. Timothy Farley, et al,
Defendants.

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ORDER

On June 7, 2013, Plaintiff, Theodore Justice, ("plaintiff') moved for Entry of Default
[D.E. 25] against Defendants, Augustus B. Elkins, Administrative Law Judge and Julian Mann,
III, Administrative Law Judge ("defendants") pursuant to Rule 55( a) of the Federal Rules of Civil
Procedure for failure to plead or otherwise defend.
On June 7, 2013, this court entered an order [D. E. 22] granting defendants an extension
oftime up to and including July 3, 2013 in which to file an answer or other responsive pleading
to plaintiffs complaint.
Based on the foregoing, the Court finds that plaintiffs motion for entry of default was
prematurely filed as the time in which defendants may file their answer or other responsive
pleadings had not expired as of the filing of plaintiffs motion for entry of default. Therefore,
plaintiffs motion for entry of default is hereby DENIED.
SO ORDERED. This

\~ay of July 2013.