Wilson v. Simmons et al

Filing 30

ORDER granting 28 Motion to Deem Answer Timely Filed. Signed by Chief Judge Frank D. Whitney on 5/14/2019. (Pro se litigant served by US Mail.)(brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-198-FDW
JAMES A. WILSON,

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Plaintiff,
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vs.
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BRETT SIMMONS, et al.,
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Defendants.
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__________________________________________ )

ORDER

THIS MATTER is before the Court on Defendant Kearry Hinson’s Motion Nunc Pro
Tunc to Deem Answer Timely Filed, (Doc. No. 28). Defendant argues that the Answer should be
accepted as timely filed because the Clerk of Court has not entered a default and Plaintiff has not
moved for default judgment, Hinson has a valid defense, it will not prejudice Plaintiff, and Hinson
and his counsel were not dilatory. For good cause shown,
IT IS ORDERED that Defendant Hinson’s Motion Nunc Pro Tunc to Deem Answer
Timely Filed, (Doc. No. 28), is GRANTED.

Signed: May 14, 2019

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