United States v. Hall, 1:08-cr-00015-MR. (2020)
Court: District Court, W.D. North Carolina
Number: infdco20200302990
Visitors: 4
Filed: Feb. 28, 2020
Latest Update: Feb. 28, 2020
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER comes before the Court upon the Defendant's "Motion for Default Judgement Pursuant to Rule of Civil Procedure 55(a)(d) [sic]" [Doc. 58]. By way of the present motion, the Defendant moves for a default judgment against the Government on the grounds that the Government has failed to respond to his motion for summary judgment [Doc. 57]. The Defendant's motion for summary judgment has been denied, as this is a criminal action, and motion
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER comes before the Court upon the Defendant's "Motion for Default Judgement Pursuant to Rule of Civil Procedure 55(a)(d) [sic]" [Doc. 58]. By way of the present motion, the Defendant moves for a default judgment against the Government on the grounds that the Government has failed to respond to his motion for summary judgment [Doc. 57]. The Defendant's motion for summary judgment has been denied, as this is a criminal action, and motions..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER comes before the Court upon the Defendant's "Motion for Default Judgement Pursuant to Rule of Civil Procedure 55(a)(d) [sic]" [Doc. 58].
By way of the present motion, the Defendant moves for a default judgment against the Government on the grounds that the Government has failed to respond to his motion for summary judgment [Doc. 57].
The Defendant's motion for summary judgment has been denied, as this is a criminal action, and motions for summary judgment are properly filed only with respect to civil actions. [See Doc. 62]. Similarly, motions for default judgment are appropriately filed only in civil actions. As the Court noted in its prior Order [Doc. 62], there is currently no civil action, either by or against the Defendant, pending in this Court. Accordingly, the Defendant's motion for default judgment is improper and must be denied and dismissed as frivolous.
IT IS, THEREFORE, ORDERED that upon the Defendant's "Motion for Default Judgement Pursuant to Rule of Civil Procedure 55(a)(d) [sic]" [Doc. 58] is DENIED and DISMISSED.
IT IS SO ORDERED.
Source: Leagle
