McCrudden v. United States Of America et al

Filing 18

ORDER denying 13 Motion for Default Judgment. Signed by Judge Robert B. Kugler on 3/26/2015. (tf,n.m. )

NOT FOR PUBLICATION

(Doc. No. 13)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
___________________________________
:
VINCENT MCCRUDDEN,
:
:
Plaintiff,
:
: Civil No. 14-3532 (RBK/AMD)
v.
:
: ORDER
UNITED STATES OF AMERICA, et al.,
:
:
Defendants.
:
___________________________________ :
:
KUGLER, United States District Judge:
THIS MATTER having come before the Court upon Plaintiff Vincent McCrudden’s
(“Plaintiff”) motion for default judgment against Defendants United States of America, United
States Department of Justice, Federal Bureau of Investigation, Bureau of Prisons, Donna
Zickefoose, and Anderson (collectively “Defendants”) pursuant to Fed. R. Civ. P. 55 (Doc. No.
13), and the Court having considered the moving papers and responses thereto; and
IT APPEARING TO THE COURT that Plaintiff has not sought an entry of default
from the clerk of court, nor has the clerk of court entered default; and
THE COURT NOTING that a party seeking relief under Fed. R. Civ. P. 55 must obtain
an entry of default from the clerk of court pursuant to Fed. R. Civ. P. 55(a) as a precondition to
obtaining a default judgment by the court, see DeTore v. Local No. 245 of Jersey City Pub.
Emps. Union, 511 F. Supp. 171, 176 (D.N.J. 1981); Husain v. Casino Control Comm’n, 265 Fed.
App’x 130, 133 (3d Cir. 2008);

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IT IS HEREBY ORDERED that Plaintiff’s motion for default judgment is DENIED
WITHOUT PREJUDICE. Plaintiff may re-file his motion following the clerk’s entry of
default.

Dated:

3/26/2015

s/ Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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