Brown v. Phillips et al

Filing 43

ORDER denying 42 Motion for Entry of Default. Signed by Chief Judge Frank D. Whitney on 3/13/18. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-561-FDW
EDWARD EARL BROWN, JR.,

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Plaintiff,
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vs.
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A. PHILLIPS, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on Plaintiff’s “Declaration for Entry of Default,”
(Doc. Nos. 42), in which he seeks the entry of default judgment against Defendants for their failure
to answer the Complaint within 20 days of service.
Defendant Rorie, the only Defendant upon whom service has been successful to date, has
been granted an extension of time to file an answer until May 7, 2018. The other Defendants’
summonses were returned unexecuted and the U.S. Marshals Service has been ordered to use
reasonable efforts to locate and obtain service on the remaining Defendants. See (Doc. No. 33).
Therefore, Defendants are not in default and Plaintiff’s motion will be denied.
IT IS THEREFORE ORDERED that:
(1) Plaintiff’s Motion for default judgment, (Doc. Nos. 42), is DENIED.

Signed: March 13, 2018

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