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)

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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

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