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)

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

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