Murphy v. Secretary of United States Department of HUD et al (MAG+)(LEAD), No. 2:2015cv00308 - Document 26 (M.D. Ala. 2016)

Court Description: OPINION AND ORDER: it is ORDERED as follows: (1) Plf Rodney J. Murphy's motions for default judgment in Civ. Action No. 2:15-cv-308 (doc. no. 15 ) and Civ. Action No. 2:15-cv-397 (doc. no. 14) are denied; (2) Dft State of Alabama's motion to dismiss in Civ. Action No. 2:15-cv-308 (doc. no. 7 ) is denied without prejudice. Signed by Honorable Judge Myron H. Thompson on 2/22/2016. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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Murphy v. Secretary of United States Department of HUD et al (MAG+)(LEAD) Doc. 26 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION RODNEY J. MURPHY, ) ) Plaintiff, ) ) v. ) ) SECRETARY OF UNITED STATES ) DEPARTMENT OF H.U.D., ) et al., ) ) Defendants. ) ) ) Plaintiff, ) ) v. ) ) SECRETARY OF UNITED STATES ) DEPARTMENT OF H.U.D., ) ) Defendant. ) CIVIL ACTION NO. 2:15cv308-MHT (WO) RODNEY MURPHY, CIVIL ACTION NO. 2:15cv397-MHT (WO) OPINION AND ORDER Pending before the court are defendant State of Alabama’s motion to dismiss and plaintiff Rodney J. Dockets.Justia.com Murphy’s motions for default judgment. For the reasons below, these motions will be denied. Previously, these cases were referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636 for consideration and disposition or recommendation on all pretrial matters as may be appropriate. The magistrate judge granted Murphy’s amended motions to proceed in forma pauperis. See Orders (Civ. Action No. 2:15-cv- 308 doc. no. 20; Civ. Action No. 2:15-cv-397 doc. no. 17.) However, to allow for the mandatory review required by 28 U.S.C. § 1915, the magistrate judge also stayed service complaints. magistrate of process pending a review of the Service of process is not issued until the judge reviews the complaint for any procedural or substantive deficiencies, a process which is not yet complete. officially served, As the defendants have not been Murphy’s motions for judgment are premature and cannot be granted. 2 default Further, amend his the magistrate complaint on or judge before ordered March Murphy 11, to 2016. Defendant State of Alabama’s motion to dismiss will be rendered moot upon filing of the amended complaint. * * * Accordingly, it is ORDERED as follows: (1) Plaintiff Rodney J. Murphy’s motions for default judgment in Civ. Action No. 2:15-cv-308 (doc. no. 15) and Civ. Action No. 2:15-cv-397 (doc. no. 14) are denied. (2) Defendant State of Alabama’s motion to dismiss in Civ. Action No. 2:15-cv-308 (doc. no. 7) is denied without prejudice. DONE, this the 22nd day of February, 2016. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE

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