Nixon v. Boggs et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
RALPH NIXON, JR., )
)
Plaintiff, )
)
v. ) Case No. CIV-26-2589-G
)
FNU BOGGS, et al., )
)
Defendants. )
REPORT AND RECOMMENDATION
Before the Court are Plaintiff’s Motion for Default Judgment (“Motion”), Doc. 9,
and Declaration for Entry on Default (“Declaration”), Doc. 10. In the Motion, Plaintiff
erroneously asserts service has been effected on Defendants and the Clerk of Court has
entered default in this matter. Doc. 9. In the Declaration, Plaintiff erroneously asserts the
United States Marshals Service has served Defendants. Doc. 10. But Defendants have not
been served and no default has been entered.1
When a defendant fails to “plead or otherwise defend,” default may be entered by
the clerk of the court. Fed. R. Civ. P. 55(a). Thereafter, the prevailing party may ask the
Court to enter judgment. See Fed. R. Civ. P. 55(b)(2). Here, however, the Clerk of Court
lacks any grounds to enter a default. And without an entry of default, the Court cannot
grant judgment. See, e.g., Robinson v. Oglala Sioux Tribe, No. CIV-25-289-D, 2025 WL
1 Plaintiff is reminded that when he files a document with the Court, he is certifying the
information in the document is accurate and “the factual contentions have evidentiary
support,” Fed. R. Civ. P. 11(b).
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1272839, at *2 (W.D. Okla. Apr. 30, 2025) (denying default judgment when an entry of
default had not been entered and was unwarranted).
For these reasons, the undersigned recommends that the Court deny Plaintiff’s
Motion for Default Judgment, Doc. 9. Plaintiff is advised of his right to object to this
Report and Recommendation. See 28 U.S.C. § 636. Any objection must be filed with the
Clerk of Court not later than November 4, 2026. See id. § 636(b)(1); Fed. R. Civ.
P. 72(b)(2). Failure to object timely waives the right to appellate review of the factual and
legal issues addressed in this Report and Recommendation. See Moore v. United States,
950 F.2d 656, 659 (10th Cir. 1991).
This Report and Recommendation does not dispose of all issues referred to the
undersigned Magistrate Judge in this matter.
ENTERED this 14th day of October, 2026.
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