Middleton v. Shaffer et al

Filing 32

MEMORANDUM AND ORDER, denying 24 and 25 MOTION for Default Judgment filed by Dwayne Middleton. Signed by Judge J. Phil Gilbert on 9/12/2017. (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 Motions [Docs. 24, 25] for Default
Judgment. 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. This Court has twice denied Plaintiff’s
motions for default judgment on these same grounds [Docs. 21, 23] and must do so again here.
Plaintiff=s Motions [Doc. 24, 25] for Default Judgment are DENIED without prejudice for
failure to comply with Local Rule 55.1.
IT IS SO ORDERED.
DATED: September 12, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE