Bostic v. Biggs et al

Filing 10

DENIAL OF ENTRY OF DEFAULT. Signed by Keith Throckmorton, Clerk of Court, on 6/25/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
James E. Bostic,
Plaintiff,
v.
Mental Health Cooperative, Inc., et al.,
Defendants

)
) Case No. 3:14-cv-1068
)
) Judge Trauger
) Magistrate Judge Bryant
)
)
)
)

DENIAL OF ENTRY OF DEFAULT
Pending is Plaintiff’s “Judgment by Default”, against Defendants “Sheriffs Office” and
“Ensley Dawson” (Docket Entry No. 8). The Clerk will construe this as a request for entry of default
pursuant to Federal Rule of Civil Procedure (FRCP) 55(a), as no default judgment may be granted
pursuant to FRCP 55(b) until default has been entered pursuant to FRCP 55(a). U.S. v. $22,050.00
U.S. Currency, 2008 WL 4093066 at page 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).
The Clerk can find no proof of service upon the Defendants against whom this motion is
made. Plaintiff’s motion fails for that reason. In addition, as to Defendant Dawson, Plaintiff has not
submitted an affidavit of military service as required by the Servicemembers Civil Relief Act of 2003
(50 App. U.S.C. 501 et seq.).
Accordingly, default is denied.
s/ Keith Throckmorton
Keith Throckmorton
Clerk of Court