Powell v. Internal Revenue Service

Filing 22

ORDER denying 18 Motion for Default Judgment. Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WILLIAM E. POWELL,
Plaintiff,
v.

Case No. 15-11033
Paul D. Borman
United States District Judge

INTERNAL REVENUE SERVICE,
Defendant.
____________________________/
ORDER DENYING
PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT (ECF No. 18)
On March 19, 2015, Plaintiff William E. Powell, proceeding pro se, filed the instant
action against Defendant Internal Revenue Service, alleging violations of Freedom of
Information Act. (ECF No. 1). Thereafter, on April 21, 2015, Plaintiff filed an amended
complaint. (ECF No. 9, 10). On June 2, 2015, Plaintiff filed a motion for default judgment
against Defendant. (ECF No. 18).
Pursuant to Federal Rule of Civil Procedure 55(b) a judgment by default may be entered
against a defendant who has failed to plead or otherwise defend against an action. FED. R. CIV.
P. 55(b). In order to obtain judgment by default, the proponent must first request the clerk's
entry of default pursuant to Rule 55(a). See Hanner v. City of Dearborn Heights, No. 07-15251,
2008 WL 2744860, at *1 (E.D. Mich. July 14, 2008). Once a default is obtained, the party may
then file for a default judgment by the clerk or by the court. FED. R. CIV. P. 55(b). When the
plaintiff’s complaint alleges damages for a sum certain a default judgment by clerk is
appropriate. FED. R. CIV. P. 55(b)(1). “In all other cases, the party must apply to the court for a
default judgment.” FED. R. CIV. P. 55(b)(2).

In the present action, Plaintiff appears to request a default judgment from this Court
pursuant to Rule 55(b)(2) but has failed to first request a clerk’s entry of default pursuant Rule
55(a). Therefore his request for a default judgment is improper. Additionally, the Court notes
that Defendant has since filed its Answer to Plaintiff’s Amended Complaint. (ECF No. 19).
Accordingly, the Court DENIES Plaintiff’s Motion for a Default Judgment. (ECF No.
18).
IT IS SO ORDERED.

s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: July 13, 2015
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or
party of record herein by electronic means or first class U.S. mail on July 13, 2015.

s/Deborah Tofil
Case Manager

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