Larry O. White Jr. v. ODRC Director, et al.

Summary

The United States District Court for the Southern District of Ohio recommends denying Plaintiff Larry O. White Jr.'s motion for default judgment against Institutional Inspector Tad Palmer. The court explains that Plaintiff did not first obtain an entry of default from the Clerk and that Palmer had already obtained leave to answer instanter and filed an answer.

Holdings

1. Default judgment should be denied because Federal Rule of Civil Procedure 55 contemplates a two-step process requiring a clerk's entry of default before a motion for default judgment.
2. Default should not be entered because Defendant Tad Palmer obtained leave of Court to file his answer instanter and filed the answer on December 5, 2024.

Questions Presented

1. Whether Plaintiff was entitled to default judgment when he had not first obtained an entry of default from the Clerk of Court.
2. Whether default or default judgment was appropriate after Defendant Tad Palmer obtained leave to answer instanter and filed an answer.

Disposition

other