Clarkson v. Board of Regents of New Mexico State University, 2:18-cv-00870-KRS-GBW. (2019)
Court: District Court, D. New Mexico
Number: infdco20190924c80
Visitors: 84
Filed: Sep. 23, 2019
Latest Update: Sep. 23, 2019
Summary: ORDER STRIKING NOTICE KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER comes before the Court on Plaintiff's "Notice of Compliance with Court Order Dated August 5, 2019 . . . and Request for Additional Time to Serve Two Remaining Defendants." (Doc. 33). Although a portion of this document aims to notify the Court as to the status of services of process, usually accomplished by a return of service, the remainder seeks substantive relief from the Court. Pursuant to Federal Rule of Civil Pr
Summary: ORDER STRIKING NOTICE KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER comes before the Court on Plaintiff's "Notice of Compliance with Court Order Dated August 5, 2019 . . . and Request for Additional Time to Serve Two Remaining Defendants." (Doc. 33). Although a portion of this document aims to notify the Court as to the status of services of process, usually accomplished by a return of service, the remainder seeks substantive relief from the Court. Pursuant to Federal Rule of Civil Pro..
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ORDER STRIKING NOTICE
KEVIN R. SWEAZEA, Magistrate Judge.
THIS MATTER comes before the Court on Plaintiff's "Notice of Compliance with Court Order Dated August 5, 2019 . . . and Request for Additional Time to Serve Two Remaining Defendants." (Doc. 33). Although a portion of this document aims to notify the Court as to the status of services of process, usually accomplished by a return of service, the remainder seeks substantive relief from the Court. Pursuant to Federal Rule of Civil Procedure 7, "[a] request for a court order must be made by motion." Fed. R. Civ. P. 7(b)(1). Here, Plaintiff failed to follow Rule 7 and file the required motion.
IT IS, THEREFORE, ORDERED that Plaintiff's notice is hereby STRICKEN. If Plaintiff seeks a Court order allowing additional time to serve the two Defendants identified in the notice, Plaintiff shall file a motion.
Source: Leagle
