Price v. Smith

Full title: DELLWAYNE PRICE, Plaintiff, v. Warden TAMARSHEE SMITH, et al., Defendants.

Court: United States District Court, Middle District of Georgia

Date published: Jun 20, 2023

5:22-cv-00303-MTT-CHW (M.D. Ga. Jun. 20, 2023)

Opinion

5:22-cv-00303-MTT-CHW

06-20-2023

DELLWAYNE PRICE, Plaintiff, v. Warden TAMARSHEE SMITH, et al., Defendants.

CHARLES H. WEIGLE, UNITED STATES MAGISTRATE JUDGE

Proceedings Under 42 U.S.C. § 1983 Before the U.S. Magistrate Judge

ORDER

CHARLES H. WEIGLE, UNITED STATES MAGISTRATE JUDGE

Pending before the Court is pro se Plaintiff Dellwayne Price's “declaration for entry of default” (Doc. 26), wherein he requests that default be entered against Defendants Smith, Hatcher, and Holt for not answering his complaint. As permitted under Rule 12 of the Federal Rules of Civil Procedure, Defendants filed a timely, pre-answer motion to dismiss (Doc. 12) in response to Plaintiff's complaint. Because Defendants have responded to Plaintiff's complaint as instructed by filing a motion to dismiss, they are not subject to the entry of a default for failing to file an answer. Plaintiff's request for entry of default (Doc. 26) is DENIED.

SO ORDERED.