Harris v. National Hotel and Casino, LLC

Filing 12

ORDER informing Plaintiff for a second time that entry of default must be requested. Signed by Magistrate Judge Jane M. Virden on 01/13/2015. (lec)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
KENNETH HARRIS

PLAINTIFF

VS.

CIVIL ACTION NO.: 4:14-cv-128-DMB-JMV

NATIONAL HOTEL AND CASINO, LLC

DEFENDANT

ORDER
This matter is before the court, sua sponte, on the clerk’s notice of default [11]. Plaintiff
filed this action on September 2, 2014, alleging wrongful employment termination. The court
granted his Motion to Proceed In Forma Pauperis [2] by order dated October 7, 2014 [6]. The
clerk of court entered a notice of default on December 17, 2014, directing Plaintiff to request
entry of default against Defendant. The notice further warned Plaintiff his failure to do so may
result in his case against Defendant being dismissed. No activity has occurred in this case since
that time.
The court finds it necessary to inform Plaintiff for a second time that entry of default
must be requested by him in the form of a pleading filed with the court. The pleading may be as
simple as a document sent to the court stating, “Please enter default.” Plaintiff is also directed to
consult the Federal Rules of Civil Procedure under the “Representing Yourself” tab on the
court’s website located at http://www.msnd.uscourts.gov/.
In light of the Plaintiff’s pro se status, the court will allow him thirty (30) additional days
from the date of this order to request entry of default against Defendant National Hotel and
Casino. If Plaintiff fails to do so, the undersigned will recommend to the District Judge that this
case be dismissed for failure to prosecute.

SO ORDERED this, the 13th day of January, 2015.

/s/Jane M. Virden
UNITED STATES MAGISTRATE JUDGE