Opinion
Civil Action No. 04-2223-CM.
May 12, 2005
ORDER
Plaintiff filed the instant action on May 20, 2004. On April 7, 2005, Magistrate Judge O'Hara issued an order to show cause why this case should not be dismissed for lack of prosecution. Plaintiff responded and, at the same time, moved for default judgment (Doc. 16).
The court denied plaintiff's Motion for Default Judgment on May 9, 2005. In that order, the court remarked that plaintiff had filed on May 2, 2005, a Petition for Default Judgment (Doc. 18) and a Motion for Summary Judgment (Doc. 19).
That same day, plaintiff filed a Motion for Brief on the Merits (Doc. 21). As with plaintiff's previous filings, the court is unclear as to what relief plaintiff seeks in this motion. The motion, entitled "Motion for Brief on the Merits," is thirty-one pages of incoherent argument and statements. Finally, at the end, plaintiff states, "THE PLAINTIFF SO DULY MOVES FOR COURT JUDGMENT."
For the reasons stated in this court's previous opinion, plaintiff is not entitled to judgment at this juncture.
IT IS THEREFORE ORDERED that plaintiff's Motion for Brief on the Merits (Doc. 21) is denied.