Jackson v. Pagan, No. 7:2020cv05176 - Document 19 (S.D.N.Y. 2020)

Court Description: ORDER denying 17 Motion for Entry of Default. On November 17, 2020, the Court received a motion from plaintiff seeking the entry of default judgment against defendant. (Doc. # 17). Plaintiff's motion is DENIED with prejudice. Defendant was served with summons and notice of the complaint by mail on September 11, 2020. (See Doc. #10). As set forth on the notice of service, pursuant to a local standing order, defendant had 60 days from the date he or his agent mailed or delivered a co mpleted acknowledgment of receipt of service to file and serve an answer or other responsive pleading. According to the Acknowledgment of Receipt of Summons and Complaint, (Doc. #10), defendant's attorney acknowledged service on September 11 , 2020. Defendant therefore had until November 11, 2020 to file an answer or other responsive pleading. Defendant timely filed an answer to the complaint on November 10, 2020. (Doc. #15). Defendant also docketed proof of service on plaintiff by mai l. (Doc. # 15-1 ). Because the Court recognizes plaintiff may not have received a copy of defendant's answer, the Court has attached a copy of the answer to this Order, which will be mailed to plaintiff at the address on the docket. The Cou rt certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to plaintiff at the address on the docket. The Clerk is instructed to terminate the motion (Doc. #17). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/18/2020) Copies Mailed By Chambers. (mml)