Kendall v. Cuomo et al

Filing 62

ORDER AND OPINION: "Having obtained a default, a plaintiff must next seek a judgment by default under Rule 55(b)." Green, 420 F.3d at 104. In this district, the party seeking default judgment must attach to their motion the clerk's cer tificate of default and a proposed default judgment form. S.D.N.Y. Local Rule 55.2(b). Notably, Kendall has not sought, nor been issued, a certificate of default from the Clerk of the Court. Therefore, he did not meet the first step for obtaining an entry of default judgment and his motion must be denied. See Dunkin' Donuts Franchised Rests. LLC v. Got-A-Lot-A Dough,Inc., 2008 WL 4861968, *4 (E.D.N.Y. Oct. 31, 2008) (denying, without prejudice, The Court certifies pursuant to 28 U.S.C.  7; 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438 (1962). (Signed by Judge Andrew L. Carter, Jr on 9/26/2013) Copies Mailed By Chambers. (js) Modified on 9/26/2013 (js).

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