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.)

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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

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