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Posyton v. O'Keefe

United States District Court, D. New Jersey

March 6, 2018

RONALD H. POSYTON, III, Plaintiff,
v.
KEVIN O'KEEFE, et al, Defendants.

          ORDER

          John Michael Vazquez, U.S.D.J.

         The Court is in receipt of numerous motions filed by Plaintiff, who is proceeding pro se and in forma pauperis, concerning this matter, and it

         APPEARING that on September 19, 2017, the Court ordered (D.E. 13) that Defendants' motion for summary judgment (D.E. 12) be administratively terminated and, further, that no service be effectuated until the Court screened the Amended Complaint and, if applicable, ordered the Clerk of the Court to issue summonses; and it

         APPEARING that on September 29, 2017, the Court screened the Amended Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and ordered that no summonses be issued until Plaintiff first had an opportunity to file a Second Amended Complaint addressing certain deficiencies noted in the Court's screening of the Amended Complaint (D.E. 15, 16); and it

         APPEARING that on October 10, 2017, Plaintiff filed a Second Amended Complaint (D.E. 18); and it

         APPEARING that on October 16, 2017, the Court screened the Second Amended Complaint and dismissed Count V with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B); ordered the Clerk of the Court to mail Plaintiff a transmittal letter explaining the procedure for completing United States Marshal ("Marshal") 285 Forms ("USM-285 Forms"); and ordered that once the Marshal received the USM-285 Forms from Plaintiff, and the Marshal so alerted the Clerk of the Court, the Clerk of the Court should issue summonses in connection with the USM-285 Forms and the Marshal should serve the summonses, the Second Amended Complaint, and the Court's screening Opinion and Order (D.E. 15, 16) to the addresses specified on the USM-285 Forms (D.E. 20, 21); and it

         APPEARING that on October 18, 2017, the Clerk of the Court mailed Plaintiff the USM-285 Forms (D.E. 22); and it

         APPEARING that on January 22, 2018, Plaintiff submitted a letter (D.E. 23) to the Clerk of the Court requesting that summonses be issued, but that after speaking with the Marshal, the Clerk of the Court noted on the docket that the Marshal had never received USM-285 Forms from Plaintiff (D.E. 23); and it APPEARING that on February 5, 2018, Plaintiff filed a motion for entry of default and default judgment (D.E. 27) stating that he was not required to serve Defendants because they made a "general appearance" through their filing of a motion for summary judgment; and it

         APPEARING that on February 8, 2018, Defendants filed an Answer (D.E. 28) to the Second Amended Complaint; and it

         APPEARING that on February 9, 2018, Defendants field a brief in opposition (D.E. 30) to Plaintiffs motion for default judgment (D.E. 27) stating that Defendants had not been served with the Second Amended Complaint and indicating that defense counsel, on October 19, 2017, emailed Plaintiff and offered to accept service of the summonses and Second Amended Complaint from Plaintiff, but that Plaintiff instead moved for entry of default and default judgment; and it

         APPEARING that on February 13, 2018, Plaintiff moved to strike (D.E. 32) Defendants' affirmative defenses from the Answer for failure to meet the heightened plausibility standard and because Defendants allegedly waived service; and it

         APPEARING that on February 21, 2018, Plaintiff filed a motion for partial summary judgment (D.E. 33) without first seeking the permission of the Court and without any discovery having been taken; and it

         APPEARING that on March 2, 2018, Plaintiff filed a motion for reconsideration (D.E 38) of the Court's dismissal of Count V in its October 16, 2017 Opinion and Order (D.E. 15, 16); and it

         APPEARING that on March 2, 2018, Plaintiff also filed a motion in ...


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