Williams v. Schofield et al

Filing 30

MEMORANDUM AND ORDER; The motion for entry of default 26 is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to defendant Tim Jones; the remaining defendants who were served with process have answered the complaint and the motion for entry of default is DENIED as to them. The Clerk is DIRECTED to send plaintiff the form packet for entry of a default judgment. Signed by District Judge Thomas W Phillips on 7/23/13. (c/m) (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

JAMES DILLON WILLIAMS #452711,
Plaintiff,
v.

3:12-cv-667

DERRICK SCHOFIELD, et al.,
Defendants.

MEMORANDUM AND ORDER

This is a pro se prisoner's civil rights complaint under 42 U.S.C. § 1983. The matter
is before the court on plaintiff's motion for entry of default. The motion for entry of default
[Doc. 26] is GRANTED IN PART and DENIED IN PART. The motion is GRANTED
as to defendant Tim Jones; the remaining defendants who were served with process have
answered the complaint and the motion for entry of default is DENIED as to them. The
Clerk is DIRECTED to enter the default of defendant Tim Jones. Fed. R. Civ. P. 55(a).
The entry of a defendant's default pursuant to Rule 55(a) is merely the first step in a
two-step process for obtaining a default judgment. Because plaintiff has completed the first
step of that process, plaintiff may now move for a default judgment against defendant Jones
pursuant to Rule 55(b), which is the second step in that process. The Clerk is DIRECTED
to send plaintiff the form packet for entry of a default judgment.
ENTER:
s/ Thomas W. Phillips
United States District Judge