Doering v. Moore et al

Filing 40

ORDER denying 38 Plaintiff's Motion for Default Judgment. Signed by Magistrate Judge J. Thomas Ray on 04/10/2014. (kcs)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ALAN L. DOERING ADC #106115 V. PLAINTIFF 5:13CV00149 KGB/JTR DR. MOORE, Cummins Unit, Arkansas Department of Correction, et al. DEFENDANTS ORDER Plaintiff has filed a Motion seeking a default judgment against Defendant Moore. Doc. 38. A default judgment is proper only when a defendant fails to timely answer, or otherwise respond, after being served. See Fed. R. Civ. P. 55. Defendant Moore has not been served. In fact, on April 8, 2014, the Court issued an Order explaining to Plaintiff that he had a final thirty days to provide a valid service address for Defendant Moore, and that his claims against Defendant Moore would be dismissed, without prejudice, if he failed to do so. Doc. 37. IT IS THEREFORE ORDERED THAT Plaintiff's Motion for Default Judgment (Doc. 38) is DENIED. Dated this 10th day of April, 2014. UNITED STATES MAGISTRATE JUDGE

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