Michael Worsham v. Travel Options, Inc.


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for costs [1000009284-2]; denying Motion to compel [1000009281-2] Originating case number: 1:14-cv-02749-JKB. Copies to all parties and the district court/agency. [1000034868]. Mailed to: Michael Craig Worsham. [16-2133]

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Appeal: 16-2133 Doc: 12 Filed: 03/03/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-2133 MICHAEL C. WORSHAM, Plaintiff – Appellant, v. TRAVEL OPTIONS, INC.; CLIFFORD SHANNON, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. James K. Bredar, District Judge. (1:14-cv-02749-JKB) Submitted: February 23, 2017 Decided: March 3, 2017 Before WILKINSON, WYNN, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael C. Worsham, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-2133 Doc: 12 Filed: 03/03/2017 Pg: 2 of 3 PER CURIAM: Michael Craig Worsham appeals the district court’s order entering default judgment in his favor on some of his claims, while denying judgment on other claims. Pursuant to Fed. R. Civ. P. 55(a), when a party against whom judgment is sought has failed to plead, the clerk must enter the party’s default. The court may then enter a default judgment upon the motion of a party, and damages. “The may conduct hearings to determine the amount of Fed. R. Civ. P. 55(b)(2). defendant, by his default, well-pleaded allegations of fact.” admits the plaintiff’s Ryan v. Homecomings Fin. Network, 253 F.3d 778, 780 (4th Cir. 2001) (internal quotation marks omitted). “The court must, therefore, determine whether the well-pleaded allegations in the [] complaint support the relief sought in [the] action.” does not judgment. in itself warrant 258 the “‘[A] defendant’s default court in entering a default There must be a sufficient basis in the pleadings for the judgment entered.’” 257, Id. (4th Cir. DIRECTV, Inc. v. Pernites, 200 F. App’x 2006) (No. 04-2483) (quoting Nishimatsu Constr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)). “Further, a ‘defendant is not held to admit facts that are not well-pleaded or to admit conclusions of law.’” DIRECTV, 200 F. App’x at 258 (citing Nishimatsu, 515 F.2d at 1206)). have thoroughly reviewed the record 2 and conclude that We the Appeal: 16-2133 Doc: 12 Filed: 03/03/2017 district court did default judgment not on Pg: 3 of 3 commit some of reversible Worsham’s error claims, in entering while denying judgment in his favor on his remaining claims. Accordingly, we affirm the district court’s order and deny Worsham’s motions interrogatories in for aid costs of and execution. to We compel answers dispense with to oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 3

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