IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
April 19, 2006
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF
MICHAEL A. VICK, DEFENDANT
The opinion of the court was delivered by: Christopher C. Conner United States District Judge
AND NOW, this 19th day of April, 2006, upon consideration of plaintiff's "praecipe to issue writ of execution" (Doc. 10), and of the writ of execution (Doc. 11) issued by the Clerk of Court, and it appearing that default judgment has not been entered in this case, see FED. R. CIV. P. 55, and that by the order of court dated February 8, 2006 (Doc. 9), plaintiff was directed to file, on or before March 1, 2006, documents in support of its motion for default judgment (Doc. 6), see id. 52(b) ("[If] it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence . . . the court may . . . order such references as it deems necessary and proper . . . ."), and it further appearing that as of the date of this order plaintiff has not filed any documents in support of its motion for default judgment, it is hereby ORDERED that:
1. The writ of execution (Doc. 11) is VACATED.
2. The "praecipe to issue writ of execution" (Doc. 10) is DENIED.
2. The motion for default judgment (Doc. 6) is DENIED.
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