Varney v. Mullisk et al

Filing 29

ORDER denying 27 Motion to Appoint Counsel ; denying 28 Motion for Default Judgment. Signed by Chief Judge Frank D. Whitney on 9/7/2015. (Pro se litigant served by US Mail.)(eef)

DISTRICT COURT OF THE UNITED STATES
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:13-cv-595-FDW
LOWELL MASON VARNEY,

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

ORDER

THIS MATTER is before the Court on Plaintiff’s Motion to Appoint Counsel, (Doc. No.
27), and on Plaintiff’s “Motion for Default Judgment” as to Defendant Uris Bennett, (Doc. No.
28).
Plaintiff’s motion to appoint counsel is denied for the same reasons the Court has denied
his previous motions to appoint counsel. See (Doc. No. 9). If the case proceeds to trial, the
Court will revisit the issue of appointment of counsel.
As for Plaintiff’s “Motion for Default Judgment,” Plaintiff notes that Defendant Bennett
has not filed an Answer or otherwise responded to Plaintiff’s Complaint. The docket indicates
that Bennett was served with summons on June 1, 2015. (Doc. No. 25). This Court entered an
order dated August 19, 2015, giving the North Carolina Attorney General thirty days to inform
the Court whether it intended to represent Bennett in this matter. (Doc. No. 26). The Court will
deny Plaintiff’s motion for default judgment at this time to allow the North Carolina Attorney
General time to respond before entering default judgment.1

1

In any event, before this Court may grant a motion for default judgment, Plaintiff must first
1

IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Motion to Appoint Counsel, (Doc. No. 27), and Plaintiff’s Motion for
Default Judgment, (Doc. No. 28), are DENIED.

file a motion for entry of default with the Clerk of this Court. See FED. R. CIV. P. 55.
2