This document is a request for entry of default against defendants in a civil rights lawsuit. It states that the plaintiff sued the defendants on July 9th for violations of his civil rights. It then asserts that the defendants were properly served but failed to file a responsive pleading within 20 days as required. As the defendants did not defend the suit in any way, the plaintiff is entitled to have the clerk enter a default against the defendants. The document provides documentation to support the service and argues the procedural requirements for default have been met. The plaintiff requests the clerk enter default in his favor against the defendants.

1. IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
___________________________________
Gary Drew Ford, )
)
Plaintiff, ) CIVIL ACTION NO: 09-3059
)
v. )
)
ANGELO L. MARTINEZ, and, )
JAMES A. GILLIN, as Individual(s), )
and, PERSON(S), official capacity, )
and, DELAWARE COUNTY )
as a PERSON. )
Defendants. )
___________________________________)
PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT
Plaintiff asks the clerk of the court to enter a default against defendants, as authorized by Federal Rule
of Civil Procedure 55.

2. A. Introduction
1. Plaintiff is Gary Drew Ford; defendants are ANGELO L. MARTINEZ, and, JAMES A.
GILLIN, as Individual(s), and,
PERSON(S), official capacity, and, DELAWARE COUNTY as a PERSON.
2. On July 9, plaintiff sued defendant for 1983 et al civil rights action.
3. On July 10, defendants ANGELO L. MARTINEZ AND DELAWARE COUNTY, then on July 13,
defendant JAMES A
GILLIN was served with a summons and a copy of plaintiff’s complaint by an adult male 52years of
age who personally
hand delivered and completed service. A copy of the return of service is attached as Exhibits “A-C”.
Defendant did not
file a responsive pleading or otherwise defend the suit.
4. Plaintiff is entitled to an entry of default.

3. B. Argument
5. The clerk of the court may enter a default against a party who has not filed a responsive pleading
or otherwise
defended the suit. Fed. R. Civ. P. 55(a); New York Life Ins. Co. v. Brown, 84 F.3d 137, 141 (5th Cir.
1996).
6. The clerk should enter a default and a default against defendant(s) because:
(A) defendants ANGELO L. MARTINEZ AND DELAWARE COUNTY did not file an
answer within 20 days after
July 10, the date of service;
(B) defendants JAMES GILLIN did not file an answer within 20 days after July 13, the
date of service;
(C) defendants did not otherwise defend the suit. Fed. R. Civ. P. 55(a), although
noteworthy defendants
made an appearance, See Exhibit “D” in the suit but did not file an answer;
(D) Therefore, Plaintiff remedy is found at Fed. R. Civ. P. 12(a)(1)(A). Time to defend
expired.
7. Plaintiff meets the procedural requirements for obtaining an entry of default from the clerk as
demonstrated by

4. Gary Drew Ford’s sworn affidavit, attached as Exhibit “E”. As set forth herein and as attachments.
8. Defendants are not an infant(s), an incompetent person, or in military service. See 50 U.S.C. app.
§521(b)(1);
Fed. R. Civ. P. 55(b)(1), (e). An affidavit of defendant’s military status is attached as Exhibit “F”.
9. Because defendants did not file a responsive pleading or otherwise defend the suit, they are not
entitled to notice
of entry of default. Fed. R. Civ. P. 55(a); see Key Bank v. Tablecloth Textile Co., 74 F.3d 349, 352-53
(1st Cir. 1996).
11. Noteworthy, Plaintiff tried to reach out and contact James Gillin regarding his Injunction
Relief, in which
once again he chose to remain unapproachable and deafly silent. Nevertheless this default like this
lawsuit could have

5. been thorted if James Gillin or the Delaware County acted as responsible persons. See Exhibits “G”
emails and fax to
Gillin.
12. Furthermore, Defendants by not requesting more time from Plaintiff, (remedy I) and not
seeking enlargement
of time (remedy II) or lastly leave of court. (remedy III) {All legitimate good standing remedies}.
Likewise as in the
rules of baseball three (3) strikes and you’re out, regardless of the players or fans protesting, which is
the making of
sound and good umpire, and equally a great Judge.
13. Plaintiff entered into a contract with the court via offer e.g. money, and acceptance e.g. rules,
and thereby
now invokes the full force of this rule, as law.

6. C. Conclusion
11. The Defendants’ are without any justifiable excuse as two (2) are attorneys-at-law and moreover in
appearance a
member of the law firm of HOLSTEN & ASSOCIATES (See Exhibit “G”) which could qualify as a
squad of attorneys, with
supporting staff, maybe rise to the level of a platoon and could have easily answered timely and or
sought the three
(3) remedies furthermore articulated above, regarding this complaint, without leaning on a sympathetic
ear of the
court. For all the forgoing reasons, plaintiff asks the clerk to enter a default in favor of plaintiff.