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Stackhouse v. Boyd

United States District Court, D. New Jersey
Jun 30, 2009
Civil Action No. 07-5502 (JAG) (D.N.J. Jun. 30, 2009)

Opinion

Civil Action No. 07-5502 (JAG).

June 30, 2009


ORDER


This matter comes before this Court on the motion, filed by plaintiff Stack Stackhouse ("Plaintiff"), for entry of default judgment against defendants Maurice Boyd, et al. ("Defendants"). For the following reasons, the motion for entry of default is denied.

In order to receive a judgment of default, pursuant to FED R. CIV. P. 55(b)(1) or 55(b)(2), a party must first seek the entry of default from the Clerk of Court. FED. R. CIV. P. 55(a) ("When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend . . . the clerk shall enter the party's default."). "[E]ntry of default judgment is a two-part process; default judgment may be entered only upon the entry of default by the Clerk of the Court." Nationwide Mut. Ins. Co. v. Starlight Ballroom Dance Club, 175 F. App'x 519, 521, n. 1 (3d Cir. 2006). "Prior to obtaining a default judgment under either Rule 55(b)(1) or Rule 55(b)(2), there must be an entry of default as provided by Rule 55(a)." Limehouse v. Delaware, 144 F. App'x 921, 923 (3d Cir. 2005).

Plaintiff did not request an entry of default by the Clerk of the Court before filing the instant motion. Therefore, Plaintiff failed to follow the two-part process required when seeking a judgment of default.

Because Plaintiff failed to first request an entry of default by the Clerk of the Court,

IT IS, on this 30th day of June, 2009,

ORDERED that Plaintiff's motion for entry of default judgment (Docket Entry No. 12) is DENIED; and it is further

ORDERED that a copy of this Order be served on all parties within seven (7) days of the date of entry of this Order.


Summaries of

Stackhouse v. Boyd

United States District Court, D. New Jersey
Jun 30, 2009
Civil Action No. 07-5502 (JAG) (D.N.J. Jun. 30, 2009)
Case details for

Stackhouse v. Boyd

Case Details

Full title:STACK STACKHOUSE, Plaintiff, v. MAURICE BOYD, et al. Defendants

Court:United States District Court, D. New Jersey

Date published: Jun 30, 2009

Citations

Civil Action No. 07-5502 (JAG) (D.N.J. Jun. 30, 2009)

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