Warren v. Illinois Department of Corrections et al

Filing 51

ORDER: Plaintiff's 50 motion for default judgment is premature and is therefore DENIED. The Clerk of Court is DIRECTED to ENTER DEFAULT against Defendant Officer Kirkwood. Plaintiff is ORDERED to move for default judgment against Defendant Officer Kirkwood on or before October 27, 2021. The Clerk of Court is further DIRECTED to transmit a copy of this Order and the entry of default to Plaintiff and to Defendant Kirkwood. Signed by Magistrate Judge Mark A. Beatty on 10/6/2021. (jrj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TRENT WARREN,
#Y20422,
Plaintiff,
Case No. 20-cv-00548-MAB
v.
WARDEN BROOKHEART, et al.,
Defendants.

MEMORANDUM AND ORDER
BEATTY, Magistrate Judge:
This matter is before the Court on the Motion for Judgment Default against
Defendant Kirkwood filed by Plaintiff Warren (Doc. 50). Defendant Officer Kirkwood
was issued summons on Plaintiff’s Complaint on June 3, 2021 (Doc. 43). Defendant
Kirkwood was successfully served on August 16, 2021, and his Answer was due
September 7, 2021 (Doc. 49). As of this date, Defendant Kirkwood has failed to move,
answer, or otherwise plead in response to the Complaint.
Plaintiff’s motion for default judgment against Defendant Kirkwood is DENIED.
His request is premature, as an entry of default has not yet been entered. The Federal
Rules of Civil Procedure provide that the Clerk of Court must first enter default against
a defendant who has failed to plead or otherwise defend. FED. R. CIV. P. 55(a).
Accordingly, the Court ORDERS as follows:
(1)

The Clerk of Court is DIRECTED to ENTER DEFAULT against Defendant
Officer Kirkwood in accordance with Federal Rule of Civil Procedure 55(a).

(2)

Plaintiff is ORDERED to move for default judgment against Defendant
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Officer Kirkwood on or before October 27, 2021, in accordance with Federal
Rule of Civil Procedure 55(b).
(3)

If Plaintiff fails to move for default judgment as set forth in this Order, this
entire action will be dismissed as to Defendant Officer Kirkwood for failure
to prosecute and/or failure to comply with an order of the Court.

(4)

The Clerk of Court is DIRECTED to transmit a copy of this Order and the
entry of default to Plaintiff and to Defendant Kirkwood.

IT IS SO ORDERED.
DATED: October 6, 2021
/s/ Mark A. Beatty
MARK A. BEATTY
United States Magistrate Judge

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