Robinson v. Davis et al
ORDER denying 39 Motion for Default Judgment. Signed by Chief Judge J. Leon Holmes on 5/9/12. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LATARRIS KEITH ROBINSON
NO. 5:12CV00109 JLH/BD
CORDERRO R. DAVIS, et al.
In his complaint, Latarris Keith Robinson claims that his constitutional rights were violated
after a disturbance at the Varner Unit of the Arkansas Department of Correction in February 2011.
He has now moved for default judgment against defendant Corderro R. Davis. Robinson argues that
Davis is in default for failing to respond to the complaint within twenty-one days, as required by
Federal Rule of Civil Procedure 12(a)(1)(A)(i).
On March 30, 2012, the Court ordered that Davis be served. On April 13, 2012, however,
service was returned unexecuted for Davis, and a different address for Davis was filed under seal.
On May 4, 2012, a summons was reissued for Davis. At this time, there is nothing in the
record to show that Davis has been served. Once he is served, Davis will have twenty days to
respond to the complaint. The time for Davis to respond to the complaint has not yet run. Therefore,
the motion for default judgment is DENIED. Document #39.
IT IS SO ORDERED this 9th day of May, 2012.
UNITED STATES DISTRICT JUDGE
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