Haywood et al v. Godinez et al

Filing 51

MEMORANDUM AND ORDER, denying without prejudice 49 MOTION for Default Judgment as to filed by Seyon Haywood. Signed by Judge J. Phil Gilbert on 2/5/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SEYON HAYWOOD,
Plaintiff,
vs.
S A GODINEZ, et al.,
Defendants.

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Case No. 14-cv-01027-JPG-DGW

MEMORANDUM AND ORDER
This matter comes before the Court on the Plaintiff Seyon Haywood's Motion for Default
Judgment (Doc. 49) against Susan Griswold-Bailey. Defendant Susan Griswold-Bailey was
added in the Amended Complaint (Doc. 2) and the Amended Complaint is still pending review
under 28 U.S.C. § 1915A. If the claims against Defendant Susan Griswold-Bailey survive
review, the Court will direct service. Until such time, this motion is premature.
The Court also notes that this request is premature in light of the fact that the Clerk of
Court has not entered default pursuant to Federal Rule of Civil Procedure 55(a) against the
defendants for whom default judgment is sought. Only after default has been entered pursuant to
Rule 55(a) against a party is a default judgment under Rule 55(b) appropriate. For this reason,
the Court DENIES without prejudice the plaintiff’s Motion for Default Judgment (Doc. 49).
IT IS SO ORDERED.
DATED: 2/5/2015

s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE