Hawkins v. Crane et al

Filing 72

ORDER adopting Report and Recommendations re 66 Report and Recommendations; granting 58 Motion for Entry of Default as to Emanual Harris and directing the clerk to enter the party's default; further directing the Clerk to forward a copy of this Order, via certified mail with return receipt, to defendant Harris at the address indicated on the Marshal's return of service. Signed by Honorable Paul K. Holmes, III on May 3, 2011. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JERRY LEE HAWKINS v. PLAINTIFF Case No. 4:09-CV-04118 SHERIFF JERRY CRANE, et al. DEFENDANTS O R D E R On this 3rd day of May 2011, there comes on for consideration the Report and Recommendation (Doc. 66) filed in this case on April 7, 2011, by the Honorable Barry A. Bryant, United States Magistrate for the Western District of Arkansas. Fourteen (14) days have passed without objections being filed by the parties. The court sufficiently has reviewed advised, finds this as case and, follows: being the well Report and and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate Judge’s Report and Recommendation, IT IS ORDERED that Plaintiff’s motion for the entry of default against defendant Emanual Harris (Doc. 58) is hereby GRANTED. The Clerk of the Court is directed to enter the party’s default. If necessary, pending the outcome of Plaintiff’s claims against the remaining defendants, a hearing on damages will be held at a later date. Mr. Harris is advised that Rule 55(c) of the Federal Rules of Civil Procedure allows the Court to set aside an entry of default upon a showing of “good cause.” In determining whether there is “good cause” to set aside a default judgment, the Eighth Circuit 1 considers “(1) whether the conduct of the defaulting party was blameworthy or culpable; (2) whether the defaulting party had a meritorious defense; and (3) whether the other party would be prejudiced if the default were excused.” Forsythe v. Hales, 255 F.3d 487, 490 (8th Cir. 2001) (quoting Johnson v. Dayton Elec. Mfg. Co., 140 F.3d 781, 784 (8th Cir. 1998)). The Clerk of the Court is hereby directed to forward a copy of this Order, via certified mail with return receipt, to defendant Harris at the address indicated on the Marshal’s return of service (Doc. 57). IT IS SO ORDERED this 3rd day of May 2011. /s/ Paul K. Holmes, III Paul K. Holmes, III United States District Judge 2

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