Opinion
6:22-cv-1298-WWB-LHP
04-27-2023
ORDER
LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: MOTION REQUESTING DEFAULT JUDGEMENT FOR FAILURE TO RESPOND TO THE COMPLAINT (Doc. No. 61)
FILED: April 26, 2023
THEREON it is ORDERED that the motion is DENIED.
By the above-styled motion, Plaintiff, proceeding pro se, appears to seek entry of Clerk's default against all Defendants. Doc. No. 61. However, the motion fails to comply with the Local Rules, including Local Rules 3.01(a) and 3.01(g). Moreover, the motion was filed on the same day as Plaintiff's “Corrected” Amended Complaint. See Doc. No. 59. So, the motion also appears to be premature as to the amended complaint, and improper as to the initial complaint. See also Doc. No. 56. For these reasons, Plaintiff's motion (Doc. No. 61) is DENIED. Given that the Court's January 30, 2023 Order to Show Cause was previously discharged, see Doc. No. 56, Plaintiff's recently filed second response thereto (Doc. No. 62) is ordered STRICKEN.
DONE and ORDERED.