Howard v. Polley et al

Filing 19

ORDER Denying 17 Motion for Default Judgment without prejudice as premature. Signed by Judge Andrew P. Gordon on 8/3/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ABDUL HOWARD,

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Case No. 2:15-cv-01458-APG-VCF
Plaintiff,
ORDER DENYING MOTION FOR
DEFAULT JUDGMENT

v.
BONNIE POLLEY, et al.,

(ECF No. 17)

Defendants.

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Plaintiff Abdul Howard moves for default judgment under Federal Rule of Civil

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Procedure 55. As I previously explained in a prior minute order (ECF No. 16), a default

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judgment can be entered only against a defendant who has been defaulted for not appearing. See

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Fed. R. Civ. P. 55(b)(1). Thus, Howard first must move for entry of default against the defendants

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under Federal Rule of Civil Procedure 55(a) before he may seek a default judgment against them.

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Howard has not done so.

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IT IS THEREFORE ORDERED that plaintiff Abdul Howard’s motion for entry of default
judgment (ECF No. 17) is DENIED without prejudice as premature.
DATED this 3rd day of August, 2016.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE