Opinion
20-2441-JWB
01-20-2022
NICK BORST, Plaintiff, v. HONEYCOCOON D/B/A HONEYCOCOON SHOES and JOHN DOE CORP. 1 and 2, Defendants.
MEMORANDUM AND ORDER
JOHN W. BROOMES, UNITED STATES DISTRICT JUDGE
This matter comes before the court on Plaintiff's motion for default judgment against HoneyCocoon Shoes (Doc. 7). Upon review of the docket, it is clear that Plaintiff has not obtained a clerk's entry of default as required under Federal Rule Civil Procedure 55. “Entry of default by the clerk is a necessary prerequisite that must be performed before a district court is permitted to issue a default judgment.” Watkins v. Donnelly, 551 Fed.Appx. 953, 958 (10th Cir. 2014).
Therefore, Plaintiff's motion for default judgment is denied without prejudice to refiling after obtaining the clerk's entry of default.
IT IS SO ORDERED.