Gibson v. Williams et al

Filing 74

ORDER granting 70 Motion for Default Judgment against deft Steven Jones. The Clerk is directed to enter the party's default and to forward a copy of this Order to deft Jones, ADC, Pine Bluff Unit, 890 Free Line Drive, Pine Bluff, AR 71603-1498. Signed by Magistrate Judge Jerome T. Kearney on 10/4/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CASIPRIN GIBSON,
ADC #133292
v.

PLAINTIFF
5:09-cv-00283-SWW-JTK

STEVEN WILLIAMS, et al.

DEFENDANTS
ORDER

This matter is before the Court on Plaintiff’s Motion for Default Judgment against Defendant
Steven Jones (Doc. No. 70). Defendant Jones has not responded to the Motion.
By Order dated July 18, 2011, summons and service of Plaintiff’s Amended Complaint was
issued to Defendant Jones, and summons was returned, executed, on August 5, 2011 (Doc. Nos. 54, 61).
As of this date, Defendant Jones has not filed an Answer to Plaintiff’s Amended Complaint. Based
on such, Plaintiff now asks for the entry of default against Defendant, pursuant to FED.R.CIV.P. 55.
According to FED.R.CIV.P. 55(a), entry of default is appropriate when a party fails to plead or
otherwise defend, and that fact is made to appear by affidavit or otherwise. In light of Plaintiff’s
Motion, the Court will direct the entry of default against Defendant Jones. The Court will also direct
Defendant Jones to file a Response to Plaintiff’s request for the entry of a default judgment against him,
within fifteen days of the date of this Order. Accordingly,
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Default Judgment, which this Court
construes as a Motion for the Entry of Default against Defendant Steven Jones (Doc. No. 70), is hereby
GRANTED. The Clerk of the Court is hereby directed to enter the party’s default.
IT IS FURTHER ORDERED that Defendant Jones shall respond to Plaintiff’s Motion for
Default Judgment against him, within fifteen days of the date of this Order.
The Clerk of the Court is hereby directed to forward a copy of this Order to Defendant Jones,
Arkansas Department of Correction, Pine Bluff Unit, 890 Free Line Drive, Pine Bluff, AR 71603-1498.

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IT IS SO ORDERED this 4th day of October, 2011.

___________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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