Bostic v. Biggs et al

Filing 62

ORDER denying 61 Motion for Entry of Default. Signed by Clerk of Court on 5/20/2015. (xc: Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)

James E. Bostic,
Plaintiff,
v.
Shara Biggs, et al.,
Defendants

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
)
) 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 (Docket Entry No. 61), in
which Plaintiff seeks an award of $150,000 against the Defendants. 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).
Plaintiff states in his request (as construed) that Defendants have not answered an amended
complaint he filed with the Court on March 25, 2015. However, no amended complaint was filed with
the Court on or near that date. Plaintiff has a motion pending on the docket entitled “Plaintiff, Motion
Amending His Complaint” (Docket Entry No. 51). The Clerk believes this is the filing Plaintiff is
referring to as his amended complaint. Plaintiff is advised that his motion to amend has not been ruled
upon by the Court and accordingly no answer by Defendants is required. No request for entry of default
will be entertained by the Clerk unless the Court grants Plaintiff’s motion and the Defendants fail to
answer a subsequently filed amended complaint in a timely manner.
Accordingly, Plaintiff’s request for entry of default is denied.
s/ Keith Throckmorton
Keith Throckmorton
Clerk of Court