Williams v. Stovall et al
ORDER denying 16 Motion for Entry of Default; denying 17 Motion for Default. Signed by Honorable Barry A. Bryant on February 16, 2016. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
LARRY D. WILLIAMS
Civil No. 4:14-cv-04131
SHERIFF RON STOVALL, Miller
County, Arkansas; WARDEN MARTY
BRAZILL; CORPORAL STEVEN
KING; and LIEUTENANT GOLDEN ADAMS
Pending before me for decision are two motions for default judgment (ECF Nos. 16 & 17) filed
by the Plaintiff. Plaintiff maintains Defendants failed to file an answer within twenty-one days of the
date of service. Defendants have responded (ECF No. 19) noting that they were served on April 6,
2015, and answered the complaint on April 21, 2015, within twenty-one days. Plaintiff filed a reply
brief (ECF No. 19).
The order of service (ECF No. 8) was entered on March 10, 2015. The summons return (ECF
No. 13) indicates the Defendants were served on April 6, 2015. As Defendants correctly note, they
filed their answer (ECF No. 12) on April 21, 2015--within twenty-one days of being served. The
answer was timely filed. The motions for default judgment (ECF Nos. 16 & 17) are DENIED.
IT IS SO ORDERED this 16th day of February 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?