Marzette v. Lincoln National Insurance Company

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY MOTION FOR DEFAULT JUDGMENT 11 17 . Signed by Judge James D. Todd on 9/7/16. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
SHELTON SHERROD MARZETTE,
Plaintiff,
VS.
LINCOLN NATIONAL INSURANCE
COMPANY,
Defendant.

)
)
)
)
)
)
)
)
)
)

No. 16-2498-JDT-tmp

ORDER ADOPTING REPORT AND RECOMMENDATION
TO DENY MOTION FOR DEFAULT JUDGMENT

The pro se Plaintiff, Shelton Sherrod Marzette, filed this civil action on June 23, 2016.
(ECF No 1.) United States Magistrate Judge Tu M. Pham subsequently granted Plaintiff
leave to proceed in forma pauperis. (ECF No. 5.) Magistrate Judge Pham also issued an
order on June 27, 2016, directing that process be issued and served on the Defendant, Lincoln
National Life Insurance Company (“Lincoln”). On August 8, 2016, Plaintiff filed a motion
for default judgment, contending that more than twenty-one days had passed after service of
process and that Lincoln had failed to file an answer. (ECF No. 11.) Lincoln responded in
opposition to Plaintiff’s motion. (ECF No. 16.) On August 19, 2016, Magistrate Judge
Pham issued a Report and Recommendation (“R&R”) in which he determined that Lincoln
was not in default and recommended that Plaintiff’s motion for default judgment be denied.
(ECF No. 17.) No objections to the R&R have been filed.

As the Magistrate Judge noted, Lincoln was served with process on July 18, 2016.
(ECF No. 16 at 1.) On August 4, 2016, Lincoln requested and was granted an extension of
time, through August 22, 2016, in which to respond to the complaint. (ECF Nos. 9 & 10.)
An answer was filed on August10, 2016. (ECF No. 12.) Therefore, Magistrate Judge
Pham’s conclusion that Lincoln was not in default is sound, and the R&R is ADOPTED.
Plaintiff’s motion for default judgment is DENIED.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

2