Walker v. Houston Federation of Teachers

Filing 13

OPINION and ORDER denying 5 MOTION for Default Judgment against Doreatha Walker. (Signed by Judge Melinda Harmon) Parties notified. (cfelchak, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DOROTHY WALKER,

§
§

Pro Se Plaintiff,

§
§
§
§

VS.

Civ. A. H-15-1176

HOUSTON FEDERATION OF TEACHERS,§
§

Defendant.

§
OPINION AND ORDER

Pending before the Court in the above referenced cause,
removed from state court on May 4,

2015,

is

Pro

Se

Plaintiff

Dorothy Walker's motion for entry of default pursuant to Federal
Rule of Civil Procedure 55 (a) (instrument #5)

against Defendant

Houston Federation of Teachers because it did not file a timely
answer to her Petition.
Rule 55(a) states, "When a party against whom a judgment
for affirmative relief is sought has failed to plead or otherwise
defend, and that failure is shown by affidavit or otherwise, the
clerk must enter the party's default."

Under Rule 81 (c) (2) (C)

Defendant had seven days after the notice of removal was filed, or
until May 11, 2015 in this case.
motion to dismiss

(#3)

Because Defendant filed a timely

on May 11,

2015,

and therefore defended

against Plaintiff's petition, the Court
ORDERS that Plaintiff's motion for entry of default (#5)
is DENIED.
SIGNED at Houston, Texas, this

,0

-f4.

da y

0

f

~ •
~,

2015.

MELINDA HARMON
UNITED STATES DISTRICT JUDGE