Shephard v. Breeza
ORDER: IT IS HEREBY ORDERED that plaintiff's Motion for Default Judgment is DENIED without prejudice. [Doc. 7 ] Signed by District Judge Charles A. Shaw on 12/7/15. (JWD)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
ROBERT A. BREEZA,
No. 4:15-CV-1563 CAS
This matter is before the Court on plaintiff’s Motion for Default Judgment that purports to
have been filed pursuant to “Rule 55(a), Rule 55(b) of Missouri [sic] Rules of Civil Procedure.” The
motion must be denied without prejudice because an entry of default from the Clerk of the Court
pursuant to Fed. R. Civ. P. 55(a) is a prerequisite to and must precede the grant of a default judgment
under Rule 55(b). See Johnson v. Dayton Elec. Mfg. Co., 140 F.3d 781,783 (8th Cir. 1998); 10
Wright, Miller and Kane, Federal Practice and Procedure: Civil 2d §§ 2682 at 406, 2683 at 413
IT IS HEREBY ORDERED that plaintiff’s Motion for Default Judgment is DENIED
without prejudice. [Doc. 7]
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 7th day of December, 2015.
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