Gervin v. Hendley et al

Filing 19

ORDER granting 17 Motion for Extension of Time to Answer. Defendants are to respond to plaintiff's 12 Amended Complaint by 6/1/2018. Plaintiff's 18 Declaration for Entry of Default is construed as a motion for default judgment and is DENIED. Signed by Chief Judge Frank D. Whitney on 5/9/2018. (Pro se litigant served by U.S. Mail.) (maf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17-cv-306-FDW
DASAHWN GERVIN,

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Plaintiff,
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vs.
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CHRISTIAN HENDLEY, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on Defendants’ Motion for an Enlargement of Time
to Answer or Otherwise Respond to Plaintiff’s Amended Complaint, (Doc. No. 17), and Plaintiff’s
pro se Declaration for Entry of Default Judgment (Doc. No. 18).
For good cause shown, Defendants’ Motion seeking an extension of time to answer or
otherwise respond to the Amended Complaint is granted until June 1, 2018, for good cause shown.
In his Declaration for Entry of Default Judgment, Plaintiff contends that more than 20 days
have elapsed since Defendants were served with the Amended Complaint, that they have failed to
answer or respond and the time to do so has expired, so default judgment should be entered in his
favor. The time for Defendants to answer or respond to the Amended Compliant had not yet
expired at the time they filed their Motion for an extension of time to answer or respond, and
therefore, Defendants are not in default. Plaintiff’s Declaration will be construed as a motion for
default judgment, and will be denied.
IT IS THEREFORE ORDERED that:
(1) Defendants’ Motion for an Enlargement of Time to Answer or Otherwise Respond to
Plaintiff’s Amended Complaint, (Doc. No. 17), is GRANTED as stated in this Order.
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(2) Plaintiff’s Declaration for Entry of Default, (Doc. No. 18), is construed as a motion for
default judgment and is DENIED.

Signed: May 8, 2018

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