Thrasher v. Bryan et al

Filing 34

ORDER denying 31 Plaintiff's Motion for Default Judgment; denying 32 Plaintiff's Motion to Appoint Counsel. Signed by Magistrate Judge Beth Deere on 7/27/2011. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION DENNIS THRASHER V. PLAINTIFF CASE NO. 3:10CV00298 BD MICHAEL BRYAN, et al. DEFENDANTS ORDER Plaintiff Dennis Thrasher has moved for default judgment against Defendant Michael Bryan and also for the appointment of counsel. (Docket entries #31, #32) The motions (#31, #32) are DENIED. I. Motion for Default Judgment: In his motion for default judgment, Mr. Thrasher argues that Mr. Bryan has not responded to his complaint and that a default judgment should be entered. Based on a review of the docket sheet in this matter, Mr. Bryan is not in default. Mr. Thrasher filed this lawsuit on November 23, 2011. (#1) On December 7, 2010, the Court ordered that Mr. Bryan be served. (#3) Although the original summons for Mr. Bryan was returned unexecuted (#15), that summons was returned executed on March 18, 2011 (#19). On March 17, 2011, Mr. Bryan filed an Answer. (#18) Because Mr. Bryan has responded to Mr. Thrasher’s complaint, the motion for default judgment (#31) is DENIED. II. Motion for the Appointment of Counsel: Mr. Thrasher previously requested court-appointed counsel, but the motion was denied (#11). For the same reasons, Mr. Thrasher’s pending request (#32) also is DENIED, without prejudice. IT IS SO ORDERED this 27th day of July, 2011. ___________________________________ UNITED STATES MAGISTRATE JUDGE 2

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