Roman v. Chase et al

Filing 42

ORDER that plaintiffs motion for default judgment 40 is DENIED. Signed by Judge James C. Mahan on 8/9/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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2:09-CV-1476 JCM (LRL)

ED ROMAN,
Plaintiff,
v.
BERNIE (BERNARD) CHASE, et al.,

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Defendants.

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ORDER

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Presently before the court is plaintiff Ed Roman’s application for default judgment as against
non-answering defendant William Harger. (Doc. # 40).

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Pursuant to Federal Rule of Civil Procedure 55(a), “[w]hen a party against whom a judgment

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for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by

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affidavit or otherwise, the clerk must enter the party’s default.” Rule 55(b)(2) provides that “a court

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may enter a default judgment after the party seeking default applies to the clerk of the court as

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required by subsection (a) of this rule.”

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Plaintiff is therefore required to first submit a motion for entry of clerk’s default. Plaintiff

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has failed to do so, instead submitting a motion for default judgment. Because plaintiff has not

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followed proper procedure as required under the Federal Rules, his motion for default judgment is

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denied without prejudice.

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED ADJUDGED AND DECREED that plaintiff’s motion for

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default judgment (doc. #40) be, and by the same hereby is, DENIED.
DATED August 9, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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