Michael Worsham v. Travel Options, Inc.

Filing

UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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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