IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
October 28, 2009
DONTE HENDERSON, PLAINTIFF,
BENNET BRAMLET, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Herndon, Chief Judge
Presently before the Court is Plaintiff's Motion for Default Judgment (Doc. 28). While FEDERAL RULE OF PROCEDURE 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, without making a finding as to whether any of the Defendants are actually in default, the Court must DENY Plaintiff's Motion (Doc. 28) at this time as it is 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. Plaintiff must also specify which Defendant(s) he believes are in default and why.
IT IS SO ORDERED.
David R Herndon Chief Judge United States District Court
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