Garrett v. Stephens et al

Filing 12

ORDER denying 11 Motion for Default Judgment. The Court extends Plaintiff's deadline for filing objections. If Plaintiff wishes to file objections, he should do so before December 28, 2015.(Signed by Magistrate Judge Jason B. Libby) Parties notified.(mserpa, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
MICHAEL GARRETT,
Plaintiff,
VS.
WILLIAM STEPHENS, et al,
Defendants.

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December 14, 2015
David J. Bradley, Clerk

CIVIL ACTION NO. 2:15-CV-403

ORDER
Pending is Petitioner’s Motion for Default Judgment. (D.E. 11). Petitioner asserts
he is entitled to relief because Defendants have failed to respond to his complaint in a
timely manner. However, Defendants have not yet been served with the complaint.
Therefore, the Motion is DENIED without prejudice.

If service is ordered and

Defendants fail to file an answer, Plaintiff may refile the motion.
Under the Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321
(1996), any prisoner action brought under federal law must be dismissed if the complaint
is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks
monetary relief from a defendant immune from such relief. See 42 U.S.C. § 1997e(c); 28
U.S.C. §§ 1915(e)(2), 1915A. Plaintiff’s action is subject to screening regardless of
whether he prepays the entire filing fee or proceeds as a pauper. Ruiz v. United States,
160 F.3d 273, 274 (5th Cir. 1998)(per curiam).

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On October 29, 2015, a Spears1 hearing was conducted. On December 3, 2015, a
Memorandum and Recommendation (“M & R”) was entered recommending Plaintiff’s
action be dismissed pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915(A)(b)(1) and counted
as a strike pursuant to 28 U.S.C. § 1915(g). (D.E. 10). Plaintiff was given fourteen (14)
days to file objections, if any, to the M & R. (D.E. 10, Page 16). To date, no objections
have been filed. The Court extends Plaintiff’s deadline for filing objections. If Plaintiff
wishes to file objections, he should do so before December 28, 2015.
ORDERED this 14th day of December, 2015.

___________________________________
Jason B. Libby
United States Magistrate Judge

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Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985)

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