United States of America

Filing 14

ORDER striking 11 Motion for Entry of Default; granting 12 Motion to Withdraw. Signed by Magistrate Judge Dennis Howell on 3/16/2010. (pdf) Modified on 3/17/2010 to change judge from Judge Reidinger to Magistrate Judge Howell as filing judge (pdf). NEF Regenerated

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:09cv325 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) Vs. ) ) $10,820.00 IN UNITED STATES ) CURRENCY, ) ) Defendant. ) ________________________________________ )

ORDER

THIS MATTER is before the court on plaintiff's "Withdrawal of Second Motion for Entry of Default" (#12) and Second Motion for Entry of Default Against All Persons and Entities (#11). Despite the caption, the government's "Withdrawal of Second Motion for Entry of Default" seeks affirmative relief from the court. The government is respectfully advised that the word "Motion" should appear in the caption of a pleading that seeks relief from the court. See Fed.R.Civ.P. 7(b). The reason this is needed is that the court reviews hundreds of ECF filings per week, and without the keyword "Motion" in the caption, it is very likely that such a pleading would be considered as simply a unilateral withdrawal of a previous motion (which is what the caption suggests) and take no further action. ORDER IT IS, THEREFORE, ORDERED that plaintiff's "Withdrawal of Second Motion for Entry of Default" (#12) is ALLOWED, and the Second Motion for Entry of Default Against All Persons and Entities (#11) is STRICKEN without prejudice.
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Signed: March 16, 2010

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