Edward Ronny Arnold v. Jeff McCord, Commissioner, Tennessee Department of Labor and Workforce Development

The position of Clerk of the Court is an appointed position and is not an arbitrator of civil actions. The Clerk of the United States District Court for the Middle District of Tennessee is the officer of the United States District Court responsible for overseeing filings with the Court and maintaining its records. The United States District Court Clerk's duties are prescribed by Rule 45 - Clerk's Duties and by the Court's customs and practices. The Clerk's Office is responsible for maintaining the dockets and records of the Court. Rule 45 (a) (b) does not allow the Court Clerk to modify records. Rule 55 (a) requires the Court Clerk to Enter a Default if the record does not show a party responded to a civil action within the required time, Fisher v. Taylor, 1 F.R.D. 448, 448 (E.D. Tenn. 1940); United States v. Jackson, 25 F. Supp. 79, 79-80 (D. Or. 1938); see 6 J. Moore, Federal Practice 55.03[1] (2d ed.1976); 10 C. Wright & A. Miller, supra note 10, § 2682. In this case, the Court Clerk for the United States District Court for the Middle District of Tennessee denied an Entry of Default in Edward Ronny Arnold v. Burns Phillips, Commissioner of the State of Tennessee Department of Labor and Workforce Development 3:18-cv-0541.