United States of America v. Howard

Filing 6

ENTRY OF DEFAULT: Default is hereby entered against Defendant Eugene Howard, Jr. Plaintiff may now proceed 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 1/30/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
EUGENE HOWARD, JR.,
Defendant.

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CIVIL NO. 3:12-00849
JUDGE ALETA A. TRAUGER

ENTRY OF DEFAULT
Plaintiff has filed an Application for Entry of Default, with a supporting Declaration, against
Defendant Eugene Howard, Jr. 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 Systems, Inc. v. Baroda Enterprises, 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
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. 3), and more than twenty-one (21) days have
passed. No answer or other responsive filing has been made by Defendant. The
Plaintiff shows that the Defendant is neither an infant nor an incompetent, nor is the Defendant in
the military service 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 Eugene Howard, Jr. Plaintiff may

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now proceed under Fed. R. Civ. P. 55(b)(1) and file a motion seeking a default judgment against the
Defendant.
Entered this 30th day of January, 2013.
KEITH THROCKMORTON, CLERK
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE

s/ Keith Throckmorton
Clerk

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