Opinion
Civil No. 10-6584 (JBS/JS)
09-12-2012
BERNARD CAMPBELL, Plaintiff, v. JAMES GIBB, et al., Defendants.
HON. JEROME B. SIMANDLE
ORDER
Presently before the court is Plaintiff Bernard Campbell's motion for default judgment as to Eric Holder, United States Attorney General [Docket Item 37]. Fed. R. Civ. P. 55 provides that default may be entered "when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend." Eric Holder was not sued as a defendant in this case; rather he was required to be served with a copy of a summons and the Amended Complaint pursuant to Fed. R. Civ. P. 4(i) because the Plaintiff brought this action against officers of the United States. Consequently, as Eric Holder is not a party to this suit, he was not required to respond to the Plaintiff's complaint and default cannot be entered against him.
WHEREFORE IT IS this 12th day of September, 2012 hereby
ORDERED that Plaintiff's motion for default judgment [Docket Item 37] will be denied.
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JEROME B. SIMANDLE
Chief U.S. District Judge