Baker v. King et al

Filing 40

ORDER denying 37 motion to correct the title of defendant Corporal John Haywood; and denying 38 motion for default judgment against defendant Lieutenant Morieon Kelly. Signed by Magistrate Judge Patricia S. Harris on 03/11/2025. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
DANIEL RAY BAKER
ADC #600691
v.

PLAINTIFF
No: 4:24-cv-00887-KGB-PSH

JOSEPH KING, et al.

DEFENDANTS
ORDER

Plaintiff Daniel Ray Baker filed a motion to correct the title of defendant
Corporal John Haywood (Doc. No. 37). His motion is DENIED as moot. The case
caption already reflects Haywood’s title of Corporal.
Baker’s motion for default judgment against defendant Lieutenant Morieon
Kelly (Doc. No. 38) is DENIED. Defendant Kelly was served on February 12, 2025,
and timely filed an Answer on March 5, 2025. See Doc. Nos. 32 & 34. Accordingly,
Kelly is not in default. See Fed. R. Civ. P. 55.1

Federal Rule of Civil Procedure 55 contemplates a two-step process for the entry
of default judgments. First, pursuant to Rule 55(a), the party seeking a default judgment
must have the Clerk enter the default by submitting the required proof that the opposing
party has failed to plead or otherwise defend. Second, pursuant to Rule 55(b), the
moving party may seek entry of judgment on the default under either subdivision (b)(1)
or (b)(2) of the rule. See Dahl v. Kanawha Inv. Holding Co., 161 F.R.D. 673, 683 (N.D.
Iowa 1995).
1

Mail sent to Baker has been returned undeliverable with a notation that he is
refusing his mail. See Doc. No. 35. Baker must accept his mail in order to prosecute
this case. If he does not do so, this case may be dismissed for failure to prosecute.
See Local Rule 5.5(c)(2);2 Miller v. Benson, 51 F.3d 166, 168 (8th Cir. 1995)
(District courts have inherent power to dismiss sua sponte a case for failure to
prosecute, and exercise of that power is reviewed for abuse of discretion). The Clerk
of Court is directed to resend copies of Doc. Nos. 24 & 25 to Baker with this Order.
IT IS SO ORDERED this 11th day of March, 2025.

___________________________________
UNITED STATES MAGISTRATE JUDGE

2

Rule 5.5(c)(2) states:

It is the duty of any party not represented by counsel to promptly
notify the Clerk and the other parties to the proceedings of any change in his
or her address, to monitor the progress of the case and to prosecute or defend
the action diligently. A party appearing for himself/herself shall sign his/her
pleadings and state his/her address, zip code, and telephone number. If any
communication from the Court to a pro se plaintiff is not responded to within
thirty (30) days, the case may be dismissed without prejudice. Any party
proceeding pro se shall be expected to be familiar with and follow the Federal
Rules of Civil Procedure.