Carriker v. Commissioner of the Internal Revenue Service et al
ORDER denying without prejudice 25 Motion for Attorney Fees and Extension of Time to File Declaration of Cost. Signed by Magistrate Judge David Keesler on 1/8/16. (Pro se litigant served by US Mail.)(mga)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 3:14-CV-154-RJC-DCK
PHILLIP DUANE CARRIKER,
UNITED STATES OF AMERICA,
THIS MATTER IS BEFORE THE COURT on the “United States’ Motion For
Attorneys’ Fees and Extension Of Time To File Declaration Of Costs” (Document No. 25) filed
December 4, 2015. This motion has been referred to the undersigned Magistrate Judge pursuant
to 28 U.S.C. § 636(b), and immediate review is appropriate.
On January 7, 2016, the Court sua sponte allowed Plaintiff additional time to file a response
to the pending motion for attorneys’ fees. See (Document Nos. 25 and 27). Since then, the Court
has docketed Plaintiff’s “Notice Of Appeal” (Document No. 28). By his “Notice Of Appeal,”
Plaintiff indicates that he is appealing the Court’s “Order” (Document No. 23), ruling on summary
judgment, to the United States Court of Appeals for the Fourth Circuit. (Document No. 28).
Based on the foregoing, the undersigned finds that efficient case management and judicial
economy are best served if the pending “United States’ Motion For Attorneys’ Fees and Extension
Of Time To File Declaration Of Costs” (Document No. 25) is denied, without prejudice to
Defendants filing a renewed motion for the same relief, if appropriate, after the Fourth Circuit has
resolved the pending appeal. As such, Plaintiff is no longer expected to file a response to the
motion for attorneys’ fees.
IT IS, THEREFORE, ORDERED that the “United States’ Motion For Attorneys’ Fees
and Extension Of Time To File Declaration Of Costs” (Document No. 25) is DENIED
WITHOUT PREJUDICE, as explained herein.
The Clerk of Court is directed to send a copy of this Order to the pro se Plaintiff by certified
U.S. Mail, return receipt requested.
Signed: January 8, 2016
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