Roberts v. Perry et al

Filing 23

ORDER denying 21 Motion for Discovery; denying 22 Motion for Contempt and/or Default Judgment. Signed by Chief Judge Frank D. Whitney on 10/13/16. (Pro se litigant served by US Mail.)(emw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16-cv-34-FDW
JIMMY ALLEN ROBERTS,

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Plaintiff,
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vs.
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FRANK L. PERRY, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on Plaintiff’s Motion for Discovery, (Doc. No. 21),
and on Plaintiff’s Motion for Contempt and/or Motion for Default Judgment, (Doc. No. 22).
First, as to Plaintiff’s motion for contempt and/or default judgment, Plaintiff seeks an
entry of default judgment based on his contention that Defendants have not filed an Answer to
the Complaint. The motion is denied, as Defendants filed their Answer on September 29, 2016.
See Doc. No. 20.
Next, as to Plaintiff’s motion for discovery, the motion is denied because discovery has
not commenced in this matter. The Court will, however, enter a scheduling order soon, setting
forth discovery deadlines. Moreover, once discovery commences, Plaintiff must seek discovery
from Defendants directly rather than filing motions with the Court.
IT IS THEREFORE ORDERED that:

Plaintiff’s Motion for Discovery, (Doc. No. 21), and Plaintiff’s Motion for Contempt
and/or Default Judgment, (Doc. No. 22), and are both DENIED.