Dupree v. Laster

The opinion of the court was delivered by: Herndon, District Judge

ORDER

Presently before the Court are Plaintiff's Motion for Entry of Default Judgment Against Defendant Biggerstaff (Doc. 158) and Motion for Entry of Default Judgment Against Defendant Jethroe (Doc. 174), both sought pursuant to FEDERAL RULE OF PROCEDURE 55(b). While Rule 55(b) provides the procedural vehicle for obtaining a default judgment against a party, the moving party must first seek an entry of default from the Clerk of the Court against the party in default, pursuant to Rule 55(a). In this case, Plaintiff has failed to obtain such entry of default prior to seeking a default judgment. Therefore, the Court DENIES both Motions (Docs. 158 & 174) as premature. Plaintiff must first file a Motion for Entry of Default by Clerk, pursuant to Rule 55(a), and then move for a default judgment pursuant to Rule 55(b), at which time, the Court will revisit the issue.

IT IS SO ORDERED.

David R. Herndon United States District Judge

20070430