Opinion
CIVIL NO. 4:01-CV-752-Y
April 25, 2002
ORDER OF DISMISSAL
The above-styled and numbered cause of action was filed on September 10, 2001. Although proof of service on defendant Brenda McKinnis ("McKinnis") is on record in this cause, McKinnis has failed to timely answer Plaintiff's complaint and has been in default for more than ninety (90) days. Plaintiff has failed, however, to move for a default judgment against McKinnis.
On April 3, 2002, the Court issued a Notice of Intention to Dismiss without Prejudice, directing Plaintiff to file a Request for Clerk's Entry of Default and a Motion for Default Judgment no later thdn April 19, 2002, or its claims against McKinnis would be dismissed. As of the date of this order, the plaintiff has not responded to the April 3, 2002 order.
It is, therefore, ORDERED that, pursuant to Local Rule 55.1, all claims in the above-styled and numbered cause are hereby DISMISSED WITHOUT PREJUDICE to the refiling of same.