Daise v. Young Mens Christian Association et al

Filing 10

ORDER denying without prejudice #3 Motion for Default Judgment. Signed by District Judge Terrence W. Boyle on 7/14/2021. Copy sent via US Mail to Kelvin Daise at 223 Bellhammon Forest Dr., Rocky Point, NC 28457. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:21-CV-91-BO

KELVIN DAISE,
Plaintiff,

)
)
)
)

V.

YOUNG MEN'S CHRISTIAN
ASSOCIATION, et al.
Defendants.

)
)
)
)
)
)

ORD E R

This cause comes before the Court on plaintiffs motion for default judgment. Pursuant to
Rule 55(a) of the Federal Rules of Procedure, the clerk must enter a party ' s default " [w]hen a party
against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend,
and that failure is shown by affidavit or otherwise." Defendant has failed to show that defendants
have failed to plead or otherwise defend. Therefore, plaintiffs motion for default judgment is
DENIED WITHOUT PREJUDICE.

SO ORDERED, this

J.!t day of July, 2021.
T N c E w. BOYLE
UNITED STATES DISTRICT JUDGE