Carter v. President of the USA et al

Filing 20

ORDER by Judge Frank H. Seay ; denying 16 Motion for Default Judgment; denying 16 Motion for Summary Judgment(trl, Chambers)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA ADRIAN CARTER, Plaintiff, vs. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, et.al., Defendants. ORDER Before the court for its consideration is the Plaintiff's Motion for Summary Judgment seeking default judgment against all defendants. It simply states "All premises having been duly For they have considered, requests this honorable Court to issue a routine order for summary judgment against the defendants. defaulted in 08-406-FHS." a default judgement or a summary judgment. If plaintiff is seeking a motion for summary judgment his request is premature and as such must be denied. Summary Judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56 ( c) See also Anderson v. This case is There are few pleadings. There are no There is absolutely Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). in its earliest phase. depositions or answers to interrogatories. It is unclear if plaintiff is seeking ) ) ) ) )No. CIV-08-406-FHS ) ) ) ) )

no documentation on which to base a summary judgment. Accordingly, plaintiff's motion for summary judgment is denied.

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If plaintiff is seeking a default judgment it is also premature. F.R.C.P. 55 (a) states "When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default." Plaintiff must seek the default judgment from the Clerk of the Court before he seeks a judgment from this court. Accordingly, plaintiff's motion for default is denied. Accordingly, plaintiff's motion for summary judgment is DENIED. IT IS SO ORDERED this 20th day of January, 2009.

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