Lewis v. Miller et al

Filing 24

ORDER denying 20 Motion for Entry of Default. Signed by Keith Throckmorton, Clerk of Court on 8/8/2014. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)

Phyllis Lewis,
Plaintiff,
v.
Paul Miller,
Defendant.

IN THE UNITED STATES DISTRICT COURT
THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
)
) Case No. 3:14-cv-0897
)
) Judge Trauger
) Magistrate Judge Knowles
)
)
)
)
DENIAL OF ENTRY OF DEFAULT

Pending is Plaintiff’s Request for Entry of Default against Defendant (Docket Entry No. 20).
The request is denied on the following grounds:
1.

The complaint in this case has not been properly served on the Defendant. Federal

Rule of Civil Procedure 4(c)(2) requires service be made by someone who is not a party. The proof
of service filed by Plaintiff (Docket Entry No. 18) was executed by the Plaintiff who is a party to the
action.
2.

Plaintiff did not file an affidavit of military service as required by the Servicemembers

Civil Relief Act of 2003 (50 App. U.S.C. 501 et seq.). The Act requires that affidavits be submitted
that “state whether or not the Defendant is in military service and showing facts necessary to
support the affidavit” (emphasis added).
Plaintiff’s request for entry of default includes a request to the Clerk to provide direction on
finding a rule or form that can be used to obtain Defendant’s home address. The Clerk is not aware
of any such rule or form.
Accordingly, for the foregoing reasons, Plaintiff’s request for entry of default is denied.
s/ Keith Throckmorton
Keith Throckmorton
Clerk of Court