Faircloth v. Timme et al

Filing 33

MINUTE ORDER denying without prejudice 29 Petition for Default Judgment. By Magistrate Judge Kristen L. Mix on 6/10/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03317-REB-KLM
JAMES FAIRCLOTH,
Plaintiff,
v.
RAE TIMME, Warden, in her official and individual capacities,
GARY MORGAN, Mental Health Clinician/Designee, in his official and individual capacities,
BERNES, Chief Mental Health Clinician/Designee, in her official and individual capacities,
GARCIA, Mental Health Clinician/Designee, in her official and individual capacities,
JACQUELINE MCCALL, Administrative Head/Designee, in her official and individual
capacities,
JOSEPH GIGANTI, Capitain, in his official and individual capacities,
UNKNOWN GRAVEYARD DUTY OFFICER AT F.C.F, in his official and individual
capacities,
UNKNOWN F.C.F. CELLHOUSE 5 CORRECTIONAL OFFICERS, in their official and
individual capacities,
MARQUEZ, Correctional Officer, in his official and individual capacities,
UNKNOWN F.C.F. HEALTH SERVICES ADMINISTRATOR, in their official and individual
capacities,
TOM BENEZE, Lt., in his official and individual capacities,
VIOLA, Sgt., in his official and individual capacities,
MILLER, Mailroom Correctional Officer, in her official and individual capacities, and
LINDA WORTHEN, Lt., in her official and individual capacities,

Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Petition for Default Judgment [Docket
No. 29; Filed June 6, 2013] (the “Petition”). In the Petition Plaintiff seeks a default
judgment against Defendants.
“[Federal] Rule [of Civil Procedure] 55 mandates a two-step process for a party who
seeks a default judgment in his favor.” Williams v. Smithson, 57 F.3d 1081, at *1 (10th Cir.
June 20, 1995) (unpublished table decision); U.S. Commodity Futures Trading Com’n v.
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Trimble, Civil Action No. 11-cv-02887-PAB-KMT, 2013 WL 317576, at *1 (D. Colo. Jan. 28,
2013). First, the party seeking a default judgment must request an entry of default from the
Clerk of the Court pursuant to Fed. R. Civ. P. 55(a). Id. After default has been entered by
the Clerk, the party may seek default judgment pursuant to Fed. R. Civ. P. 55(b). Id. Here,
Plaintiff never sought entry of default pursuant to Fed. R. Civ. P. 55(a). Accordingly,
IT IS HEREBY ORDERED that the Petition [#29] is DENIED without prejudice.

Dated: June 10, 2013

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