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)

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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

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