Shephard v. Breeza

Filing 8

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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DAVID SHEPHARD, Plaintiff, v. ROBERT A. BREEZA, Defendant. ) ) ) ) ) ) ) ) ) No. 4:15-CV-1563 CAS ORDER 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 (1983). Accordingly, 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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