Klein v. Cascade County Detention Center et al

Filing 10

ORDER denying 9 Motion for Default Judgment. Signed by Magistrate Judge John Johnston on 12/13/2017. Mailed to Klein (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
DYLAN LEE MONROE KLEIN,

CV-17-00104-GF-BMM-JTJ

Plaintiff,
vs.

ORDER

CASCADE COUNTY DETENTION
CENTER, PETER MOLNER,
DETENTION CENTER MEDICAL
STAFF, and SGT. GRUBB,
Defendants.
Plaintiff Dylan Klein filed a Motion for Default arguing that it has been
more than 40 days since service of the complaint and Defendants have not
responded. (Doc. 6.) Rule 55(a) of the Federal Rules of Civil Procedure provides,
“[w]hen a party against whom a judgment for affirmative relief 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.”
In this case, there is no indication that the Complaint has been properly
served upon Defendants. Because Mr. Klein is proceeding in forma pauperis,
“[t]he officers of the court shall issue and serve all process.” 28 U.S.C. § 1915(d).
But, as Mr. Klein was previously advised (Doc. 4), pursuant to the federal statutes
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governing proceedings in forma pauperis and cases filed by prisoners, federal
courts must engage in a preliminary screening of a case to assess the merits of the
claims. 28 U.S.C. § 1915(e)(2); 28 U.S.C. § 1915A(a). Accordingly, the Court
must identify cognizable claims, or dismiss the complaint, or any portion of the
complaint, if the complaint is frivolous, malicious, fails to state a claim upon
which relief can be granted, or seeks monetary relief from a defendant who is
immune from such relief. 28 U.S.C. § 1915(e)(2); 28 U.S.C. § 1915A. The Court
will not direct service of Mr. Klein’s Complaint until the completion of this
screening process. (Doc. 4 at 2.)
Because there is no proof of service of the Complaint in this matter, there is
no basis for the entry of default or default judgment.
Accordingly, the Court issues the following:
ORDER
Mr. Klein’s Motion for Default Judgment (Doc. 9) is DENIED.
DATED this 13th day of December, 2017.

/s/ John Johnston
John Johnston
United States Magistrate Judge

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