govinfo:USCOURTS-moed-4_25-cv-01896-1

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF MISSOURI 
EASTERN DIVISION 
 
BENJAMIN THURMAN, )  
 )  
                         Plaintiff, )  
 )  
               v. )           No. 4:25-cv-01896 SPM 
 )  
RUG DOCTOR, )  
 )  
                         Defendant. )  
 
OPINION, MEMORANDUM AND ORDER 
 
 Before the Court is Plaintiff Benjamin Thurman’s post-dismissal “Application for Clerk’s 
Entry of Default.” This action was dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B) 
on January 6, 2026. Plaintiff appealed the dismissal, and the Eighth Circuit Court of Appeals 
summarily affirmed the judgment of the District Court on March 20, 2026. See Thurman v. Rug 
Doctor, No. 26-1181 (8
th Cir. 2026). The mandate was issued on April 24, 2026. Id. Nonetheless, 
on May 27, 2026, Plaintiff filed a document titled, “Application for Clerk’s Entry of Default,” in 
which he asserts entitlement to an entry of default pursuant to Federal Rule of Civil Procedure 
55(a).  
 As this matter was dismissed on January 6, 2026, Plaintiff’s motion for entry of default 
will be denied. The Court will instruct the Clerk not to accept any additional filings from Plaintiff 
in this closed case.  
 Accordingly,  
 IT IS HEREBY ORDERED  that Plaintiff’s Application for Clerk’s Entry of Default  
[ECF No. 15] is DENIED.  
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I T IS FURTHER ORDERED that the Clerk shall not accept any additional filings from 
Plaintiff in this closed action.  
IT IS FURTHER ORDERED that an appeal from this Order shall not be taken in good 
faith. 
 Dated this 1st  day of June, 2026. 
HENRY EDWARD AUTREY 
UNITED STATES DISTRICT JUDGE 
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