Dudley v. Freedman et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
KARANYA MARQUIS DUDLEY 	PLAINTIFF
v. 	Civil No. 4:24-cv-04088
AMY FREEDMAN, Prosecuting Attorney;
MATT STEPHENS, Public Defender; JUDGE
C. JONES, Miller County District Court; JUDGE
B. HALTOM, Miller County District Court;
JUDGE W. AUTREY, Miller County District Court;
STATE OF ARKANSAS; and MILLER COUNTY
DISTRICT COURT 	DEFENDANTS
ORDER
Karanya Marquis Dudley (“Plaintiff”) filed this case pro se pursuant to 42 U.S.C. § 1983
on August 26, 2024. ECF No. 1. Before the Court is Plaintiff’s Motion for Default Judgment
against all Defendants. ECF No. 10. In the motion Plaintiff states:
I, Karanya-Marquis: Dudley, Plaintiff is asking the court to enter a default against
the defendant(s).
AFFIDAVIT…I Karanya-Marquis: Dudley is essentially asking the court to note
the defendant(s) failure to respond according to Federal Rule of Civil Procedure
(55). The basis for my request. (Summons Returned Executed) REFUSED certified
mail…
ECF No. 10.
A party is in default when the party “has failed to plead or otherwise defend”. Fed. R. Civ
P. 55(a). Ordinarily, a defendant has 21 days to file an answer after being served with a complaint.
See Fed. R. Civ. P. 12(a)(1)(A)(i). However, if a motion is served under Rule 12, the answer is due
“within 14 days after notice of the court’s action” on the motion. Fed. R. Civ. P. 12(a)(4)(A). See
Sunshine Kitchens, Inc. v. Alanthus Corp., 66 F.R.D. 15, 17 (S.D. Fla 1975) (“In view of the fact
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that no responsive pleading is due until the court disposes of pending motions to dismiss, the
motion for entry of a default is not well-founded”).
The Court’s docket reveals all Defendants filed a timely responsive pleading to the
Complaint in the form of a Motion to Dismiss on October 2, 2024, which is currently pending
before the Court. ECF No. 6. 	Thus, the time for Defendants to file an answer is extended until
the Court rules on the Motion to Dismiss. See Fed. R. Civ. P. 12(a)(4)(A). In the event the Court
denies the Motion to Dismiss, Defendants will have 14 days to file an answer.
Accordingly, Plaintiff’s Motion for Default Judgment (ECF No. 10) is DENIED.
IT IS SO ORDERED this 6th day of December 2024.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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