Hawkins v. Crane et al
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)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
JERRY LEE HAWKINS
Case No. 4:09-CV-04118
SHERIFF JERRY CRANE, et al.
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.
Recommendation is proper and should be and hereby is ADOPTED IN ITS
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
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
IT IS SO ORDERED this 3rd day of May 2011.
/s/ Paul K. Holmes, III
Paul K. Holmes, III
United States District Judge
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