Chandler v. Smith et al

Filing 72

ORDER denying pltf's motions for default judgment 55 , 58 , 61 & 66 . (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/3/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOHNNY RAY CHANDLER, SR.,
Plaintiff

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v.
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MS. CINDY SMITH, MR. GREGORY :
BAKER,
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Defendants
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CIVIL NO. 1:14-CV-0245
(Chief Judge Conner)

ORDER
AND NOW, this 3rd day of November, 2014, upon consideration of plaintiff’s
motions (Docs. 55, 58, 61, 66) for default judgment, and it appearing that although
the waiver of service (Doc. 49) indicates that an answer or responsive pleading is
due within sixty days from July 28, 2014, Rule 12(a)(3) of the Federal Rules of Civil
Procedure states that when United States Officers or Employees are sued in their
individual capacity, an answer to the complaint must be served within sixty days
after service on the United States Attorney, and it appearing that the United States
Attorney’s Office was served on August 7, 2014 (Doc. 51), and that the motion (Doc.
62) to dismiss and, alternatively, for summary judgment was filed on October 6,
2014, and was therefore timely, it is hereby ORDERED that the motions (Docs. 55,
58, 61, 66) are DENIED.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania