Tunnell v. U.S. Department of Defense

Filing 5

OPINION AND ORDER DENYING 4 MOTION for Clerks Entry of Default as to U.S. Department of Defense filed by Harry Tunnell. Signed by Judge Jon E DeGuilio on 2/4/2015. (lns)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
HARRY TUNNELL
Plaintiff,
v.
U.S. DEPARTMENT OF DEFENSE,
Defendant.

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Case No. 1:14-CV-269 JD

OPINION AND ORDER
Now before the Court is the Plaintiff’s motion for entry of default under Federal Rule of
Civil Procedure 55(a). Under that rule, “[w]hen a party against whom a judgment for affirmative
relied is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or
otherwise, the clerk must enter the party’s default.” For a party to have an obligation to plead or
otherwise defend an action, though, it must first be properly served. The defendant here is the
U.S. Department of Defense, and “[t]o serve a United States agency or corporation, . . . a party
must serve the United States and also send a copy of the summons and of the complaint by
registered or certified mail to the agency, corporation, officer, or employee.” Fed. R. Civ. P.
4(i)(2) (emphasis added).
The record indicates that the Plaintiff has only completed the latter requirement, in that
he has only sent the summons and complaint to the Secretary of Defense. To properly complete
service, however, he must also serve the United States according to the procedures specified
under the Federal Rules of Civil Procedure. Pursuant to Rule 4(i)(1), to properly serve the United
States, a plaintiff must do each of the following:
(A)(i) deliver a copy of the summons and of the complaint to the United States
attorney for the district where the action is brought—or to an assistant United
States attorney or clerical employee whom the United States attorney designates

in a writing filed with the court clerk—or (ii) send a copy of each by registered or
certified mail to the civil-process clerk at the United States attorney’s office;
(B) send a copy of each by registered or certified mail to the Attorney General of
the United States at Washington, D.C.; and
(C) if the action challenges an order of a nonparty agency or officer of the United
States, send a copy of each by registered or certified mail to the agency or officer.
Fed. R. Civ. P. 4(i)(1).
Because the Plaintiff has not yet completed those steps, the Defendant has not yet been
properly served, and has no obligation to plead or otherwise defend in this action, so entry of
default is not warranted. Therefore, the Court DENIES the motion for entry of default. [DE 4].
SO ORDERED.
ENTERED: February 4, 2015

/s/ JON E. DEGUILIO
Judge
United States District Court

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