Davis v. State of California et al

Filing 13

MEMORANDUM AND ORDER denying 9 Motion for Default Judgment; denying 10 Motion for Default Judgment; denying 11 Motion for Default Judgment. Signed by District Judge Julie A. Robinson on 4/6/17. Mailed to pro se party Ronald E. Davis by regular and certified mail. (Certified Tracking Number: 7012 3460 0000 8262 5972) (kao)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
RONALD E. DAVIS,
Plaintiff,
Case No. 17-2125-JAR-JPO

v.
STATE OF CALIFORNIA,
CALIFORNIA FRANCHISE TAX BOARD, and
CALIFORNIA STATE AGENCY INSURER ,
Defendants.

MEMORANDUM & ORDER
This matter comes before the Court on Plaintiff Ronald E. Davis’ three Motions for
Default Judgment (Docs. 9, 10, and 11). On March 29, 2017, Plaintiff, proceeding pro se, filed
three Applications for Clerk’s Entry of Default (Docs. 6, 7, and 8) against each of the California
state entity Defendants. On that same date, Plaintiff filed the three instant motions for default
judgment. The Court denied Plaintiff’s applications for clerk’s entry of default on April 3, 2017,
because Plaintiff failed to present proof of proper service of process (Doc. 12). Entry of default
is a prerequisite to the entry of a default judgment.1 Because the Court has previously denied
Plaintiff’s applications for Clerk’s entry of default, the Court denies Plaintiff’s motions for
default judgment.
IT IS THEREFORE ORDERED BY THE COURT that Plaintiff Ronald E. Davis’
Motions for Default Judgment (Docs. 9, 10, and 11) are denied.
IT IS SO ORDERED.
Dated: April 6, 2017

1

Fed. R. Civ. P. 55(b)(2); Garrett v. Seymour, 217 F. App’x 835, 838 (10th Cir. 2007).

1

S/ Julie A. Robinson
JULIE A. ROBINSON
UNITED STATES DISTRICT JUDGE

2