Smith v. Arkansas Board of Election Commissioners et al

Filing 15

ORDER denying 14 Motion for Entry of Default. The Clerk of the Court is directed to prepare new summonses for the Arkansas Board of Election Commissioners, Cross County Election Commission, Crittenden County Election Commission, Mike Beebe, and S ecretary of State Mark Martin. The U.S. Marshal is directed to serve a summons, complaint, and this Order on each of the defendants as set forth under Rule 4 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Beth Deere on 11/30/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
FRED SMITH
V.

PLAINTIFF
CASE NO. 4:15-CV-00521 JM/BD

ARKANSAS BOARD OF
ELECTION COMMISSIONERS, et al.

DEFENDANTS

ORDER
Plaintiff Fred Smith filed this case pro se, along with an application to proceed in
forma pauperis. (Docket entries #1 and #2) Judge James M. Moody Jr. has referred the
case to this Court for disposition of all pretrial matters. (#3) Pending is Mr. Smith’s
motion for the Clerk to enter a default judgment against the Defendants. (#14)
The Court ordered the United States Marshal to serve the Arkansas Board of
Election Commissioners, Cross County Election Commission, Crittenden County Election
Commission, Mike Beebe, and Secretary of State Mark Martin. The returned summonses
show that the Marshal attempted service on the Defendants by certified mail addressed to
the Arkansas Attorney General. Even though the Arkansas Attorney General’s office
signed for the certified mail, this is not proper service on these Defendants under Rule 4
of the Federal Rules of Civil Procedure. Accordingly, Defendants have not received
proper notice of the lawsuit, and Mr. Smith’s motion for default judgment must be
DENIED. (#14)
The Clerk of the Court is directed to prepare new summonses for the Arkansas
Board of Election Commissioners, Cross County Election Commission, Crittenden

County Election Commission, Mike Beebe, and Secretary of State Mark Martin. The
United States Marshal is directed to serve a summons, complaint, and this order on each
of the defendants as set forth under Rule 4 of the Federal Rules of Civil Procedure.
IT IS SO ORDERED, this 30th day of November, 2015.

___________________________________
UNITED STATES MAGISTRATE JUDGE