UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
January 21, 2011
JERRY HINES, JR., PLAINTIFF,
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.
Plaintiff's motions for default judgment (Dkt. #15) and for summary judgment (Dkt. #17) are denied.
IT IS SO ORDERED.
Rochester, New York
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