Kadmiri v. Rich et al

Filing 7

ORDER Denying 6 Motion for Default Judgment. Signed by Judge Roger L. Hunt on 9/12/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOEY KADMIRI,

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Plaintiff(s),
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vs.
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JASON RICH,
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Defendant(s).
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____________________________________)

Case No. 2:11-cv-857-RLH-PAL
ORDER
(Motion for Default Judgment–#6)

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Before the Court is Plaintiff’s Motion for Default Judgement (#6, filed September 7,

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2011). Inasmuch as the motion is totally without merit, and the Defendant has not been properly

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served, the Court will not await a response.

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Attached to the Motion is what Plaintiff claims is a “Summons–Proof of Service.”

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What the document actually is an INMATE MONEY RELEASE form of the Las Vegas Metropolitan

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Police Department, on which Plaintiff has written the words, “Summons-Proof of Service.” The

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document is neither a summons nor proof of service.

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Even had there been an appropriate summons and complaint served upon (not mailed

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to) the Defendant Jason Rich, according to the Federal Rules of Civil Procedure, the first step would

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be a request for entry of default and then, once that was entered, and appropriate motion, supported by

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affidavits and evidence to establish that a default judgment should be entered. The document attached

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to the Motion as Exhibit A does none of that.
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IT IS THEREFORE ORDERED that Plaintiff’s Motion for Default Judgement (#6) is
DENIED.
Dated: September 12, 2011.

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____________________________________
Roger L. Hunt
United States District Judge

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