Fraley v. Doe et al

Filing 31

ORDER denying 30 Motion for Default Judgment. Signed by Chief Judge Frank D. Whitney on 11/13/2017. (Pro se litigant served by US Mail.) (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:17-cv-75-FDW
SHAWN GERMAINE FRALEY,

)
)
Plaintiff,
)
)
vs.
)
)
)
JOHN DOE, et al.,
)
)
Defendants.
)
____________________________________ )

ORDER

THIS MATTER is before the Court on a “Motion for Default Judgment,” filed by pro se
Plaintiff Shawn Fraley. Plaintiff seeks an Order from this Court entering a judgment in his favor
based on the fact that Defendants filed their Answer on October 31, 2017, which was one day after
the Court’s deadline to do so.1 See (Doc. Nos. 26, 28).
The Court will deny the motion, and Defendants are hereby granted a one-day extension,
nunc pro tunc, to file their Answer.
IT IS THEREFORE ORDERED THAT Plaintiff’s “Motion for Default Judgment,”
(Doc. No. 30), is DENIED.
Signed: November 13, 2017

1

After Defendants filed their Answer, this Court entered a Scheduling Order, setting the
deadline for discovery as March 7, 2018, with dispositive motions due on April 7, 2018.
1