Petersen v. Bitters et al

Filing 87

ORDER - The Clerk of Court shall not process the appeal in this case to the United States Court of Appeals for the Eighth Circuit. Henry shall have ten (10) days from the date of this order to file a brief and any evidence in support of setting aside the entry of default and default judgment. Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ESTATE OF JOYCE ROSAMOND
PETERSEN,
4:16CV183
Plaintiff,
vs.

ORDER

ROBERT W. BORLAND, JR.; UNITED
FINANCIAL SERVICES, WILLIAM E.
BITTERS; and JOHN L. HENRY,
Defendants.
This matter is before the Court on defendant John L. Henry’s (Henry) Notice of
Appeal (Filing No. 85). On June 29, 2016, the Clerk of Court entered default as to Henry
for failing to plead or otherwise defend this action (Filing No. 75). The Clerk of Court
entered default judgment against Henry on July 6, 2016 (Filing No. 82). On July 18,
2016, Henry filed pro se a Notice of Appeal appealing the entry of default (Filing No.
85). The Court will construe Henry’s Notice of Appeal as a motion to set aside the entry
of default and default judgment.

IT IS ORDERED:
1.

The Clerk of Court shall not process the appeal in this case to the United
States Court of Appeals for the Eighth Circuit; and

2.

Henry shall have ten (10) days from the date of this order to file a brief and
any evidence in support of setting aside the entry of default and default
judgment.

Dated this 19th day of July, 2016.
BY THE COURT:
s/ Robert F. Rossiter, Jr.
United States District Judge