MOODY v. NEWLAND et al

Filing 31

ORDER denying 29 Motion for Default Judgment. Signed by Judge Renee Marie Bumb on 8/14/2019. (rtm, )(nm)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
HAROLD MOODY,
Plaintiff
v.
R. NEWLAND, MD/CD, et al.,

Defendants

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CIV. NO. 18-5363 (RMB)

MEMORANDUN AND ORDER

This matter comes before the Court upon Plaintiff’s motion
for default judgment. (Mot. for Default Judgment, ECF No. 29.)
Plaintiff filed this Bivens action on April 3, 2018. (Compl., ECF
No. 1.) On August 16, 2018, the Court screened the complaint
pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b), and permitted
the Bivens claims against Dr. Newland, Dr. Sceusa, and MLP Vicente
to proceed, and dismissed the Bivens claim against Dr. Thomas without
prejudice. (Opinion, ECF No. 6; Order, ECF No. 7.)

Plaintiff

now

seeks

default

judgment

against

Defendants

Newland, Sceusa and Vicente. Pursuant to Federal Rule of Civil
Procedure 55, the Court cannot grant a motion for default judgment
until default is entered.
IT IS therefore on this 14th day of August 2019,
ORDERED that Plaintiff’s motion for default judgment (ECF No.
29) is denied without prejudice; and it is further

ORDERED that the Clerk shall serve a copy of this Order on
Plaintiff by regular U.S. mail.

s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge

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