Johnson v. Berryhill

Filing 15

ORDER re 14 Affidavit filed by Jimmy D. Johnson for default judgment. Defendant's answer is not due until 06/13/2018, and Plaintiff is not entitled to default. Signed by Magistrate Judge Brian K. Epps on 05/16/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
JIMMY D. JOHNSON,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,

Defendant.

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CV 318-007

ORDER
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Plaintiff has filed an affidavit seeking default judgment pursuant to Federal Rule of
Civil Procedure 55 because Defendant failed to answer his complaint within sixty days of
service of summons. (Doc. no. 14.) However, pursuant to Local Rule 12.1, defendants in
Social Security actions typically have one hundred days to respond to a complaint, despite
any indication on the summons to the contrary. Thus, Defendant’s answer is not due until
June 13, 2018, and Plaintiff is not entitled to default. (See doc. nos. 11-13.)
SO ORDERED this 16th day of May, 2018, at Augusta, Georgia.