Martinez v. Texas Workforce Commission- Civil Rights Division

Filing 7

ORDER DENYING Plaintiff's 3 Motion for Entry of Default. Signed by Judge Robert Pitman. (klw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
RODOLFO MARTINEZ,
Plaintiff,
v.
TEXAS WORKFORCE COMMISSION,
Defendant.

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1:17-CV-681-RP

ORDER
Before the Court is the above-entitled action. On this day, the Court considered Plaintiff
Rodolfo Martinez’s (“Plaintiff”) Request for Certificate of Default. (Dkt. 3).
In an affidavit filed alongside the instant motion, Plaintiff alleges that the Texas Workforce
Commission Civil Rights Division (“Defendant”) failed to answer or otherwise respond to Plaintiff’s
complaint within the prescribed period. (Martinez Aff., Dkt. 4, at 1). As Defendant notes and the
record reflects, Plaintiff has failed to properly execute service of process. Although Plaintiff filed an
Affidavit of Service by Mike Techow, an employee of Austin Process LLC who alleges that he
“deliver[ed] a true copy of the Plaintiff’s Original Complaint” to an authorized agent of Defendant,
(Techow Aff., Dkt. 3, at 1), the Federal Rules of Civil Procedure require that a summons be served
with a copy of the complaint. Fed. R. Civ. P. 4(c)(1). Plaintiff never requested a summons from the
Clerk of Court. Plaintiff’s Request for Certificate of Default, (Dkt. 3), is therefore DENIED.

SIGNED January 8, 2018.

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ROBERT PITMAN
UNITED STATES DISTRICT JUDGE