Carl Brock v. Catherine Bowman

582 F. App'x 260

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 3, 2014
• Docket: 14-6539
• Status: Unpublished

Opinion

PER CURIAM:

Carl Blake Brock appeals the district court’s entry of judgment against him in this action filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcoties, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Specifically, he challenges the district court’s order accepting the recommendation of the magistrate judge and denying Brock’s motions for a default judgment and partial summary judgment against Catherine Bowman. Upon review of the record, we conclude that the district court did not abuse its discretion in denying Brock’s motion for default. See Colleton Prep. Acad., Inc. v. Hoover Universal, Inc., 616 F.3d 413, 417 (4th Cir.2010) (stating standard of review). Any doubts about whether to grant a default judgment should be resolved in favor of deciding a case on the merits. Tolson v. Hodge, 411 F.2d 123, 130 (4th Cir.1969). The partial summary judgment motion is, in essence, a repetition of Brock’s arguments for a default judgment. Accordingly, finding no merit in the issues Brock raises on appeal, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.