Middleton v. Shaffer et al

Filing 21

MEMORANDUM AND ORDER, denying 20 MOTION for Default Judgment as to filed by Dwayne Middleton. Signed by Judge J. Phil Gilbert on 7/24/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DWAYNE MIDDLETON,
Plaintiff,
v.
CHET SHAFFER, NURSE ASHLEY
R. HIESE, and OFFICER MARIE T,
Defendants.

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Case No. 17-cv-00283-JPG-RJD

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff=s Motion [Doc. 20] for Default Judgment
as to defendants Chet Shaffer, R. Heise, and Officer Marie T. For the following reason, this
motion will be DENIED.
The Clerk of the Court entered a default order against defendants Chet Shaffer, R. Heise,
and Officer Marie T on July 10, 2017, for failure to plead or otherwise defend in this case. Local
Rule 55.1(a) states that the serving party shall give notice of the entry of the default to the
defaulting party by regular mail sent to the last known address of the defaulted party and shall
certify to the Court that notice has been sent.
Plaintiff has not certified to the Court that notice of the entry of the default was sent to
defendants Chet Shaffer, R. Heise, and Officer Marie T. As such, Plaintiff=s Motion [Doc. 20]
for Default Judgment is DENIED without prejudice for failure to comply with Local Rule 55.1.
IT IS SO ORDERED.
DATED: 7/24/2017
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE