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Jerry Hines, Jr v. Veterans Outreach Center

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


January 21, 2011

JERRY HINES, JR., PLAINTIFF,
v.
VETERANS OUTREACH CENTER, DEFENDANT.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

Plaintiff, Jerry Hines ("Hines"), who is proceeding pro se, has filed a motion for default judgment (Dkt. #15) and a motion for summary judgment (Dkt. #17). Both motions are denied.

This Court previously granted defendant's motion for an extension of time to answer and during that time, the defendant moved to dismiss the complaint (Dkt. #13). That motion constitutes an appropriate response to the complaint, as provided by Rule 12 of the Federal Rules of Civil Procedure and, therefore, there is no basis to enter a default judgment.

Plaintiff's motion for summary judgment is basically based on the same argument, that is, that the defendant failed to appear.

CONCLUSION

Plaintiff's motions for default judgment (Dkt. #15) and for summary judgment (Dkt. #17) are denied.

IT IS SO ORDERED.

Rochester, New York

20110121

© 1992-2011 VersusLaw Inc.



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