McClary v. Hopkins

Filing 59

ORDER denying 58 Motion for Default Judgment. Signed by Chief Judge Frank D. Whitney on 04/27/2018. (Pro se litigant served by US Mail.)(brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-88-FDW
RONALD McCLARY,

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Plaintiff,
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vs.
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BELQUIS HOPKINS, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on Plaintiff’s Motion for Default Judgment (Doc. No.
58), in which he seeks the entry of default judgment against Defendants for their attempts to evade
service of process.
On April 11, 2018, the Clerk of Court was ordered to commence the procedure for waiver
of service of process as set forth in Local Rule 4.3 for Defendants Hopkins, Mitchell, and Searles,
who are current or former employees of the North Carolina Department of Public Safety (NC
DPS). (Doc. No. 55). NC DPS has 60 days to accept or refuse service of process under Rule 4.3(b).
That time limit has not yet expired. Therefore, Defendants are not in default and Plaintiff’s Motion
will be denied.
IT IS THEREFORE ORDERED that:
Plaintiff’s Motion for Default Judgment, (Doc. No. 58), is DENIED.
Signed: April 27, 2018

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