Harth v. Miss. Dep't of Corr.

Full title: KENNETH DWAYNE HARTH, SR. PLAINTIFF v. MISSISSIPPI DEPARTMENT OF…

Court: United States District Court, N.D. Mississippi, Greenville Division

Date published: Oct 25, 2021

4:20CV47-RP (N.D. Miss. Oct. 25, 2021)

Opinion

4:20CV47-RP

10-25-2021

KENNETH DWAYNE HARTH, SR. PLAINTIFF v. MISSISSIPPI DEPARTMENT OF CORRECTIONS, ET AL. DEFENDANTS

ROY PERCY, UNITED STATES MAGISTRATE JUDGE

ORDER GRANTING DEFENDANT GOLLIDAY'S MOTION [56] TO SET ASIDE ENTRY OF DEFAULT

ROY PERCY, UNITED STATES MAGISTRATE JUDGE

This matter comes before the court on the motion [56] by defendant Rosie Golliday to set aside the Clerk's Entry [51] of Default against her. The Clerk of the Court entered a default against defendant Golliday because she was served with process, but did not timely answer or otherwise defend against the allegations in the complaint. Since the September 16, 2021, default was entered, counsel has appeared for defendant Golliday and, in the instant motion, provided a chronology of events that led to the default.

“Because of the seriousness of a default judgment, and although the standard of review is abuse of discretion, even a slight abuse of discretion may justify reversal.” CJC Holdings, Inc. v. Wright & Lato, Inc., 979 F.2d 60, 63 n. 1 (5^th Cir. 1992). (quotations omitted). See also United States v. One Parcel of Real Property, 763 F.2d 181, 183 (5^th Cir. 1985). Furthermore, federal courts should not be agnostic with respect to the entry of default judgments, which are “generally disfavored in the law” and thus “should not be granted on the claim, without more, that the defendant had failed to meet a procedural time requirement.” Mason & Hanger-Silas Mason Co. v. Metal Trades Council, 726 F.2d 166, 168 (5^th Cir. 1984). Thus, “where there are no intervening equities any doubt should, as a general proposition, be resolved in favor of the movant to the end of securing a trial upon the merits.” Gen. Tel. Corp. v. Gen. Tel. Answering Serv., 277 F.2d 919, 921 (5^th Cir. 1960).

As Ms. Golliday has now appeared in the case and has included a proposed Answer to the complaint, the court will grant the instant Motion [56] to Set Aside default. No. party will suffer prejudice as a result of this decision, and the matter will now proceed as any other pro se prisoner case. For these reasons, the instant Motion [56] to Set Aside Default Judgment is GRANTED. In addition, the Clerk of the Court is DIRECTED to file Defendant Golliday's Answer, which is attached as Exhibit 11 to the instant motion. The court will deem the Answer to be filed as of September 24, 2021 (the date the instant motion was filed).

SO ORDERED.