Middleton v. Shaffer et al

Filing 23

MEMORANDUM AND ORDER, denying 22 MOTION for Default Judgment as to filed by Dwayne Middleton. Signed by Judge J. Phil Gilbert on 8/9/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DWAYNE MIDDLETON,
Plaintiff,
v.
CHET SHAFFER, NURSE ASHLEY,
R. HEISE, 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. 22] 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’s previous motion for default judgment [Doc. 20] was denied by this Court
[Doc. 21] for Plaintiff’s failure to certify to the Court that notice of the entry of the default was
sent to defendants Chet Shaffer, R. Heise, and Officer Marie T. His current motion also fails to
certify that he gave notice of the entry of default to the defaulting parties by regular mail sent to
the last known addresses of the defaulting parties.

As such, Plaintiff=s Motion [Doc. 22] for Default Judgment is again DENIED without
prejudice for failure to comply with Local Rule 55.1.
IT IS SO ORDERED.
DATED: 8/9/2017
s/J. Phil Gilbert
J. PHIL GILBERT
U.S. DISTRICT JUDGE