McClanahan v. Salmonsen

Filing 15

ORDER denying 12 Motion for Entry of Default; denying 13 Motion for Default Judgment. Signed by Magistrate Judge John Johnston on 4/18/2022. Transmitted electronically to prison for delivery to inmate. (TAG)

Case 6:22-cv-00020-BMM-JTJ Document 15 Filed 04/18/22 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
SHANE McCLANAHAN,

Cause No. CV 22-20-H-BMM-JTJ

Plaintiff,
vs.

ORDER

JIM SALMONSEN,
Defendant.
On April 6, 2022, Plaintiff McClanahan submitted a request for entry of
default and a motion for default judgment (Docs. 12, 13).
Default may be entered only upon a plaintiff’s showing, “by affidavit or
otherwise,” that defendants were properly served and failed to appear. McClanahan
cannot serve his pleadings himself and so cannot attest to service. See, e.g., Fed. R.
Civ. P. 4(c)(2), (l)(1). As he has made not made an appropriate showing of default,
his motion for default judgment is inapposite. See Fed. R. Civ. P. 55(a), (b)(2).
Accordingly, IT IS ORDERED that McClanahan’s request for entry of
default and motion for default judgment (Docs. 12, 13) are DENIED.
DATED this 18th day of April, 2022.