MIDDLETON v. SHAFFER

Case No. 17-cv-00283-JPG-RJD.

DWAYNE MIDDLETON, Plaintiff, v. CHET SHAFFER, NURSE ASHLEY, R. HEISE, and OFFICER MARIE T, Defendants.

United States District Court, S.D. Illinois.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 555 Prison Condition
Source: PACER


Attorney(s) appearing for the Case

Dwayne Middleton, Plaintiff, Pro Se.


MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on Plaintiff's Motion [Doc. 22] for Default Judgment as to defendants Chet Shaffer, R. Heise, and Officer Marie T. For the following reason, this motion will be DENIED.

The Clerk of the Court entered a default order against defendants Chet Shaffer, R. Heise, and Officer Marie T on July 10, 2017, for failure to plead or otherwise defend in this case. Local Rule 55.1(a) states that the serving party shall give notice of the entry of the default to the defaulting party by regular mail sent to the last known address of the defaulted party and shall certify to the Court that notice has been sent.

Plaintiff's previous motion for default judgment [Doc. 20] was denied by this Court [Doc. 21] for Plaintiff's failure to certify to the Court that notice of the entry of the default was sent to defendants Chet Shaffer, R. Heise, and Officer Marie T. His current motion also fails to certify that he gave notice of the entry of default to the defaulting parties by regular mail sent to the last known addresses of the defaulting parties.

As such, Plaintiff's Motion [Doc. 22] for Default Judgment is again DENIED without prejudice for failure to comply with Local Rule 55.1.

IT IS SO ORDERED.


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