Deabreu et al v. Novastar Home Morgage, Incorporated et al

Filing 12

MEMORANDUM AND ORDER DENYING 11 Plaintiffs prayer for declaratory relief docketed as a motion for declaratory relief (c/m to Plaintiffs 2/10/12 sat). Signed by Chief Judge Deborah K. Chasanow on 2/10/12. (sat, Chambers)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
:
LOUIS PIERRE DEABREU, et al.
:
v.

:

Civil Action No. DKC 11-3692

:
NOVASTAR HOME MORTGAGE, et al.
:
MEMORANDUM OPINION AND ORDER
This action was transferred to this court on December 22 and
on December 30, the court entered an order granting Plaintiffs’
motions to proceed in forma pauperis.

(ECF No. 6).

The court

directed the Clerk to “mail a copy of the Marshal [service of
process] form for each Defendant to Plaintiffs, who must complete
and return them to the Clerk within twenty-one (21) days from the
date of this Order,” at which point the Clerk and the Marshal are
to “take all necessary steps to effectuate service of process.”
(Id.).

Plaintiffs submitted the forms and the Clerk issued

summonses on January 12.

The Marshal has not yet advised of the

status of service on Defendants.
On February 8, Plaintiffs filed a “prayer for declaratory
relief” requesting the court to enter default against Defendants
for their failure timely to respond to their complaint.
In accordance with Fed. R. Civ. P. 4 and with the summons
issued, each Defendant must respond to Plaintiffs’ complaint within
21 days after service of the summons, not including the day
Defendant was served.

If the Defendant is the United States or a

United States agency, an officer or employee of the United States

as described in Fed. R. Civ. P. 12 (a)(2) or (3), the answer is due
60 days from the date of service.

The Marshal has not notified the

court that any of the Defendants have yet been served.

Thus,

Plaintiffs’ request for the default is premature.
Accordingly, it is this 10th day of February, 2012, by the
United States District Court for the District of Maryland, ORDERED
that:
1.

Plaintiffs’ prayer for declaratory relief docketed as a

motion for declaratory relief (ECF No. 11) BE, and the same hereby
IS, DENIED without prejudice; and
2.

The Clerk of Court is DIRECTED to mail a copy of this

Order to Plaintiffs.

/s/
DEBORAH K. CHASANOW
United States District Judge

2