Adkins v. Martin et al

Filing 41

ORDER: 1) Plaintiff's 39 and 40 Motions are DENIED; and 2) The Clerk of Court is to substitute Pamela Martin for "FNU Martin." Signed by Chief Judge Frank D. Whitney on 11/5/2018. (Pro se litigant served by US Mail.)(maf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17-cv-343-FDW
DARRYL BOYD ADKINS,

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Plaintiff,
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vs.
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FNU MARTIN, et al.,
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Defendants.
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___________________________________ )

ORDER

THIS MATTER is before the Court on periodic review of the record and on two pending
motions filed by Plaintiff, (Doc. Nos. 39, 40).
Plaintiff has filed a “Motion for an Defendants Respond to Plaintiff’s Amended Complaints
and All Motions of Defendants be Dismiss and Denied,” (Doc. No. 39), and “Plaintiff Motion for
an Defendants Respond to Plaintiff’s Amended Complaint and All Motions of Defendants be
Dismiss and Denied,” (Doc. No. 40). In both, he argues that the Defendant has failed to respond
to the Amended Complaint. He asks that judgment be entered in his favor, that Defendant not be
granted any further extensions of time, that all Defendant’s responses be dismissed, and that
Plaintiff be granted access to a video conference before a settlement board.
Plaintiff’s Motions will be denied. His suggestion that Defendant is in default is incorrect;
Defendant filed an Answer on October 24, 2018. (Doc. No. 38). Plaintiff’s requests for entry of
default judgment and that no further extensions be granted will therefore be denied as moot.
Plaintiff’s requests that all Defendant’s responses be dismissed and that mediation be held, will be
denied. Plaintiff is admonished to stop filing repetitive and frivolous motions.
The Court also notes that the Answer reflects that Defendant’s correct name is Pamela
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Martin. The Clerk of Court shall be instructed to correct Defendant’s name in the record.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Motions, (Doc. Nos. 39, 40), are DENIED for the reasons stated in this
Order.

2.

The Clerk of Court is respectfully instructed to substitute Pamela Martin for
“FNU Martin.”
Signed: November 5, 2018

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