Ron S. McCray v. Joel Anderson, Elisabeth Holcomb, Dr. McRee, and Dr. Ringold

Summary

This Report and Recommendation addresses Plaintiff Ron S. McCray’s Third Motion for Default Judgment in a 42 U.S.C. § 1983 action against South Carolina correctional officials and medical personnel. The magistrate judge recommends denying the motion because no clerk’s entry of default had been obtained, the served defendants timely answered, and Defendant Holcomb had not yet been served.

Holdings

1. Default judgment is improper because the served Defendants filed timely Answers to the Amended Complaint, and no Defendant is in default.
2. Default judgment cannot be entered against a defendant who has not been served.
3. Entry of default by the Clerk is a procedural prerequisite to a motion for default judgment.

Questions Presented

1. Whether default judgment should be entered against Defendants Anderson, McRee, and Ringold who filed timely Answers.
2. Whether default judgment should be entered against Defendant Holcomb who has not been served.

Disposition

other