United States of America v. Justiss

Filing 9

ENTRY OF DEFAULT: Motion for Entry of Default 6 is Granted. Default is hereby entered against Defendant Shelley Justiss. Plaintiff may nowproceed under Fed. R. Civ. P. 55(b)(1) and file a motion seeking a default judgment against the Defendant. Signed by Clerk of Court Keith Throckmorton on 6/27/12. (dt) (xc: Sent to Shelley Justiss by regular mail.) Modified on 6/27/2012 (dt).

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
SHELLEY J. JUSTISS,
Defendant.

)
)
)
)
)
)
)
)
)

CIVIL NO. 3:12-cv-00069
JUDGE ALETA A. TRAUGER

ENTRY OF DEFAULT
Plaintiff has filed a Motion for Entry of Default, with a supporting Declaration, against
Defendant Shelley Justiss pursuant to Fed. R. Civ. P. 55(a). A default judgment is a two part process
and no default judgment may be granted pursuant to Fed. R. Civ. P. 55(b) until default has been
entered pursuant to Fed. R. Civ. P. 55(a). U.S. v. $22,050.00 U.S. Currency, 2008 WL 4093066 at
*3 (M.D. Tenn. Aug. 26, 2008); Ramada Franchise Sys., Inc. v. Baroda Enter., LLC, 220 F.R.D.
303, 305 (N.D. Ohio 2004). Accordingly, Plaintiff must file a motion for default judgment following
this Entry of Default and wait the requisite period for a response from Defendant before any default
judgment will be granted by the Clerk pursuant to Fed. R. Civ. P. 55(b)(1).
Service has been obtained on Defendant (D.E. 5), and more than twenty-one (21) days have
passed. The Defendant has made no appearance, answer, or other responsive filing. The Plaintiff
shows that the Defendant is neither an infant nor an incompetent, nor is the Defendant in the military
within the meaning of the Soldier’s and Sailor’s Civil Relief Act of 1940, as amended; therefore, the
entry of default is now appropriate.
Accordingly, default is hereby entered against Defendant Shelley Justiss. Plaintiff may now
proceed under Fed. R. Civ. P. 55(b)(1) and file a motion seeking a default judgment against the

Defendant.
Entered this 27th day of June, 2012.
KEITH THROCKMORTON, CLERK
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE

Keith Throckmorton

s/
Clerkof Court

2