Opinion
No. CIV 05-111-TUC-DGC.
May 12, 2006
ORDER
On February 15, 2005, Plaintiff Keith Robert Pierpont, presently confined in the Arizona State Prison-Fort Grant, filed a pro se Complaint pursuant to 28 U.S.C. § 1331 ("Complaint").
The Court dismissed the Complaint on November 17, 2005 (Doc. #25) because the Court found Plaintiff's claims were barred byHeck v. Humphrey, 512 U.S. 477, (1994). Plaintiff filed a Motion for Entry of Default Judgment on November 21, 2005, which the Court denied as moot on December 6, 2005 (Doc. #31).
On December 7, 2005, Plaintiff filed the pending "Declaration of Keith Robert Pierpont Judgment by Default" ("Declaration") (Doc. #34), which the Court will construe as a second motion for default judgment.
In light of the Court's November 17, 2005 dismissal of this case, the Court will deny Plaintiff's Declaration as moot. IT IS THEREFORE ORDERED that Plaintiff's December 7, 2005 "Declaration of Keith Robert Pierpont Judgement by Default" (Doc. #34) is DENIED AS MOOT.