Larson v. Ching

Filing 31

FINDINGS AND RECOMMENDATION TO DENY WITHOUT PREJUDICE PLAINTIFF'S REQUEST TO ENTER DEFAULT JUDGMENT - Signed by JUDGE KEVIN S.C. CHANG on 3/3/09. Objections to F&R due by 3/17/2009 (emt, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII LONNIE E. LARSON, ) ) Plaintiff, ) ) vs. ) ) ) DARWIN CHING, Director of ) the Department of Labor, ) State of Hawaii ) ) Defendant. ) ___________________________ ) CIVIL NO. 08-00537 SOM-KSC FINDINGS AND RECOMMENDATION TO DENY WITHOUT PREJUDICE PLAINTIFF'S REQUEST TO ENTER DEFAULT JUDGMENT

FINDINGS AND RECOMMENDATION TO DENY WITHOUT PREJUDICE PLAINTIFF'S REQUEST TO ENTER DEFAULT JUDGMENT On February 27, 2009, Plaintiff Lonnie Larson filed a Request to Enter Default Judgment. The Court

finds this matter suitable for disposition without a hearing pursuant to Local Rule 7.2(d) of the Local Rules of Practice of the United States District Court for the District of Hawaii. For the reasons discussed

below, the Court DENIES this Request. An entry of default must precede a motion for default judgment. See Brooks v. U.S., 29 F. Supp. 2d

613, 618 (N.D. Cal. 1997)("The entry of default judgment is a two-part process; default judgment may be entered only upon the entry of default by the Clerk of

the Court.").

Larson asserts that the Clerk of the

Court entered default against Darwin Ching on February 4, 2009. The record, however, does not reflect an Therefore, Larson's Request to Enter Accordingly, the Court

entry of default.

Default Judgment is premature.

FINDS and RECOMMENDS that Plaintiff's Motion be DENIED without prejudice. IT IS SO FOUND AND RECOMMENDED. Dated: Honolulu, Hawaii, March 3, 2009.

_____________________________ Kevin S.C. Chang United States Magistrate Judge

CV08-00537 SOM-KSC; LARSON V. CHING; FINDINGS AND RECOMMENDATION TO DENY WITHOUT PREJUDICE PLAINTIFF'S REQUEST TO ENTER DEFAULT JUDGMENT