Jackson v. Asotin County et al

Filing 8

ORDER DENYING 5 MOTION FOR DEFAULT. Signed by Judge Thomas O. Rice. (BM, Case Administrator)**3 PAGE(S), PRINT ALL**(Stephen Jackson, Prisoner ID: 746508)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jan 27, 2025

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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STEPHEN RAY JACKSON, SR.,

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Plaintiff,

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v.

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ASOTIN COUNTY, ASOTIN
COUNTY PRE-TRIAL-RELEASE
MISDAMEANOR PROBATION
DEPT., DEPUTY NATHAN
ULHORN, ASOTIN COUNTY
SHERIFF’S DEPT., ASOTIN
COUNTY PROSECUTOR’S
OFFICE, DEPUTY PROSECUTOR
NIKLAUS WARD, THE CITY OF
CLARKSTON, CLARKSTON
POLICE DEPT., POLICE SGT.
DARIN BOYD and POLICE OFFICE
BRAD PETERS,

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Defendants.

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No. 2:24-CV-0430-TOR
ORDER DENYING MOTION FOR
DEFAULT

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BEFORE THE COURT is Plaintiff’s Motion and Order to Enter / Enforce
Default Judgment. ECF No. 5. This matter was submitted for consideration

ORDER DENYING MOTION FOR DEFAULT ~ 1

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without oral argument. The Court has reviewed the record and files herein and is

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fully informed.

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DISCUSSION

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Plaintiff seeks entry of an order of default against all named Defendants.

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Plaintiff has not shown that he served the summons and complaint on any of the

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Defendants.

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According to Local Civil Rule 55(a)(2), “[t]he moving party must show (a)

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that the party against whom default is sought was properly served with the

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summons and complaint in a manner authorized by Federal Rule of Civil

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Procedure 4; (b) that the party has failed to timely plead or otherwise defend; and

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(c) that proper notice of the intention to seek an entry of default, as described

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above, has been accomplished.” According to Local Civil Rule 55(a)(1),

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“[w]ritten notice of the intention to move for entry of default must be provided to

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counsel or, if counsel is unknown, to the party against whom default is sought,

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regardless of whether counsel or the party have entered an appearance. Such

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notice shall be given at least 14 days prior to the filing of the motion for entry of

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default.”

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Here, Plaintiff has not complied with Federal Rules of Civil Procedure 4.

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//

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//

ORDER DENYING MOTION FOR DEFAULT ~ 2

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ACCORDINGLY, IT IS HEREBY ORDERED:
Plaintiff’s Motion and Order to Enter / Enforce Default Judgment, ECF No.
5, is DENIED.
The District Court Executive is directed to enter this Order and furnish a

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copy to Plaintiff at his last known address.

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DATED January 27, 2025.

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THOMAS O. RICE
United States District Judge

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ORDER DENYING MOTION FOR DEFAULT ~ 3