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Williams v. Kita

United States District Court, D. New Jersey

May 6, 2015

RONALD WILLIAMS, Plaintiff,
v.
SERGEANT KITA, et. al. Defendants.

ORDER

JAMES B. CLARK, III, Magistrate Judge.

This matter having come before the Court by way of Plaintiff's Motion for Summary Judgment/Default [Dkt. No. 7] and Plaintiff's Motion for Judgement by Default [Dkt. No. 8] pursuant to Federal Rules of Civil Procedure 55 and 56;

and Federal Rule of Civil Procedure 55(b)(2) permitting the Court to enter default judgment in civil actions;

and "[p]rior to obtaining a default judgment under either Rule 55(b)(1) or Rule 55(b)(2), there must be an entry of default as provided by Rule 55(a)[, ]" Nationwide Mut. Ins. Co. v. Starlight Ballroom Dance Club, Inc., 175 F.Appx. 519, 521 n.1 (3d Cir. 2006) (quoting 10A Charles Alan Wright, et al., Federal Practice and Procedure ยง 2682, at 13 (3d ed. 1998)); see Johnson v. N.J. Dep't of Corrections, No. 11-5764, 2013 1903269, at *1 n.1 (D.N.J. May 7, 2013) ("[D]efault judgment requires, and Plaintiff failed, to first obtain entry of default from the Clerk of the Court") (citation omitted);

and it appearing that Plaintiff failed to obtain entry of default from the Clerk of the Court prior to moving for entry of default judgment;

IT IS on this 6th day of May, 2015,

ORDERED that Plaintiff's motions for default judgment [Dkt. Nos. 7, 8] are DENIED without prejudice to Plaintiff's right to refile if the Clerk enters default against any Defendant in this matter; and it is further

ORDERED that Plaintiff's Motion for Summary Judgment is DENIED without prejudice to Plaintiff's right to refile at a later date with leave of Court;[1] and it is further

ORDERED that the Clerk of the Court terminate the aforementioned motions [Dkt. Nos. 7, 8].


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