Combs v. County of Ashe, 5:14-cv-136-GCM. (2018)
Court: District Court, W.D. North Carolina
Number: infdco20180808b52
Visitors: 15
Filed: Aug. 07, 2018
Latest Update: Aug. 07, 2018
Summary: ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER is before the Court on Plaintiff's Motion for Default Judgment and to Move Case Back to Statesville Division (Doc. No. 119). First, Plaintiff has moved the Court to find Defendants Mark Blevins and David Hoosier in default. However, both Defendants have filed pro se answers in this matter (Doc. Nos. 83 & 84). Thus, Defendants Blevins and Hoosier have not failed to "plead or otherwise defend," as is required for an entry of default an
Summary: ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER is before the Court on Plaintiff's Motion for Default Judgment and to Move Case Back to Statesville Division (Doc. No. 119). First, Plaintiff has moved the Court to find Defendants Mark Blevins and David Hoosier in default. However, both Defendants have filed pro se answers in this matter (Doc. Nos. 83 & 84). Thus, Defendants Blevins and Hoosier have not failed to "plead or otherwise defend," as is required for an entry of default and..
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ORDER
GRAHAM C. MULLEN, District Judge.
THIS MATTER is before the Court on Plaintiff's Motion for Default Judgment and to Move Case Back to Statesville Division (Doc. No. 119).
First, Plaintiff has moved the Court to find Defendants Mark Blevins and David Hoosier in default. However, both Defendants have filed pro se answers in this matter (Doc. Nos. 83 & 84). Thus, Defendants Blevins and Hoosier have not failed to "plead or otherwise defend," as is required for an entry of default and a finding of default judgment under Rule 55.
Second, the Court notes that this case is already within the Statesville Division of the Western District of North Carolina. Thus, Plaintiff's motion to move the case to the Statesville Division is moot.
Accordingly, Plaintiff's Motion is DENIED.
SO ORDERED.
Source: Leagle
