Steele v. Robinson et al

Filing 47

ORDER granting 40 Motion for Entry of Default; granting 41 Motion for Default Judgment; granting 29 Motion for Default Judgment. Signed by Chief Judge Frank D. Whitney on 8/23/17. (Attachments: # 1 USMS 285) (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-252-FDW
BRANDON GERALD STEELE,

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Plaintiff,
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vs.
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FNU ROBINSON, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on the following motions, filed by pro se Plaintiff
Brandon Steele: Plaintiff’s motion for default judgment against Defendant Renesha Robinson,
(Doc. No. 29); Plaintiff’s Motion for Entry of Default, (Doc. No. 40); and Plaintiff’s Motion for
Default Judgment, (Doc. No. 41).
In this action, filed under 42 U.S.C. § 1983, Plaintiff alleges that Defendant Robinson, a
former employee of the North Carolina Department of Public Safety, used excessive force against
Plaintiff on February 25, 2015, while Plaintiff was incarcerated at Lanesboro Correctional
Institution. On July 23, 2015, this Court determined that Plaintiff’s allegations against Defendant
Robinson survived initial review. (Doc. No. 6). The Court will not recite the full procedural
background regarding Defendant Robinson’s failure to appear in this action to defend Plaintiff’s
excessive force claim against her. Suffice it to say, it now appears that Robinson has been duly
and properly served with both the summons and the complaint, as well as with Plaintiff’s motions
for entry of default and default judgment, and Defendant Robinson has failed to appear in this case
to defend Plaintiff’s excessive force claim against her. See (Doc. No. 45).
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The Court finds, therefore, that it is appropriate to reinstate the Clerk’s prior entry of default
against Defendant Robinson.1 See (Doc. No. 28). Furthermore, Plaintiff is entitled to an order of
default judgment against Defendant Robinson for failure to appear in this matter. See FED. R. CIV.
P. 55(b). The entry of default judgment will be entered with respect to liability only, and the Court
will conduct an inquest into damages at a later date, after the Court has addressed the pending
motion for summary judgment filed by the only remaining Defendant in this action, Antonio
Henderson. See (Doc. No. 31).
IT IS THEREFORE ORDERED THAT:
(1)

The prior Entry of Default against Defendant Robinson is reinstated, and the Court
further finds that default judgment shall be entered against Defendant Robinson for
failing to appear in this action to defend the allegations brought by Plaintiff.

(2)

To this extent, the following motions by Plaintiff are GRANTED to the extent that
the Court is entering default judgment against Defendant Robinson for liability
only: (1) Plaintiff’s motion for default judgment against Defendant Renesha
Robinson, (Doc. No. 29); (2) Plaintiff’s Motion for Entry of Default, (Doc. No. 40);
and (3) Plaintiff’s Motion for Default Judgment, (Doc. No. 41).

(3)

The U.S. Marshal is hereby instructed to personally serve Defendant Robinson with
this Order in accordance with FED. R. CIV. P. 4.
Signed: August 23, 2017

The Court previously set aside the Clerk’s entry of default because it did not appear that
Defendant Robinson had been personally served with the motion for entry of default or the
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motion for default judgment. See (Doc. No. 30).

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