Miller v. Fitzhugh

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
JUSTIN RAY MILLER,
Petitioner,
v.
MIKE FITZHUGH and DARREN HALL,
Respondents.
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Case No. 3:25-cv-00321
District Judge Waverly D. Crenshaw, Jr.
ORDER
Pending is Petitioner’s Motion Entry of Default against Respondent. (Doc. No. 20). For
the following reasons, the Motion is DENIED.
Petitioner filed his Petition for a Writ of Habeas Corpus on March 20, 2025. (Doc. No. 1).
Respondent requested an extension within which to file a Response, which was granted by the
Court on July 8, 2025. (Doc. No. 11). Respondent timely filed a Motion to Dismiss the Petition on
August 13, 2025. (Doc. No. 15). Petitioner filed the pending Motion for Entry of Default on
September 12, 2025. (Doc. No. 20).
The Sixth Circuit has expressed a “strong preference for trials on the merits.” United States
v. Real Prop., All Furnishings Known as Bridwell's Grocery, 195 F.3d 819, 820 (6th Cir. 1999)
quoting Shepard Claims Serv., Inc. v. William Darrah & Assocs., 796 F.2d 190, 193 (6th Cir.
1986); United States v. $22,050.00 U.S. Currency, 595 F.3d 318, 322 (6th Cir. 2010) “Where a
defendant appears and indicates a desire to contest an action a court may exercise its discretion to
refuse to enter default, in accordance with the policy of allowing cases to be tried on the merits.”
Winder v. Amazon.com, Inc., No. 2:24-CV-02993-SHL-ATC, 2025 WL 2816754, at *5 (W.D.
Tenn. July 18, 2025), report and recommendation adopted, No. 2:24-CV-02993-SHL-ATC, 2025
Case 3:25-cv-00321 Document 22 Filed 11/18/25 Page 1 of 2 PageID #: <pageID>

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WL 2718545 (W.D. Tenn. Sept. 24, 2025) (quoting Wendt v. Pratt, 154 F.R.D. 229, 230 (D. Minn.
1994).
By filing a timely Motion to Dismiss the Petition, the Clerk finds that Respondent is not in
default and has clearly expressed his intent to defend this action. Petitioner’s Motion for Entry of
Default, (Doc. No. 20), is DENIED.
s/ Lynda M. Hill
Lynda M. Hill
Clerk of Court
Case 3:25-cv-00321 Document 22 Filed 11/18/25 Page 2 of 2 PageID #: <pageID>