Abu Shawish v. United States of America et al

Filing 40

MEMORANDUM re service of process signed by Judge Lynn Adelman on 8/22/11. (cc: all counsel, via USPS to plaintiff)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

MHAMMAD ABU-SHAWISH,
Plaintiff,
v.

Case No. 10-C-0473

UNITED STATES OF AMERICA, et al.,
Defendants.

MEMORANDUM
Plaintiff Mhammed Abu-Shawish, proceeding pro se, has filed a complaint against
the United States and twenty-four individual defendants. He brings his claims against the
United States pursuant to the Federal Tort Claims Act and his claims against the individual
defendants pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of
Narcotics, 403 U.S. 388 (1971). So far, the United States is the only party that has
appeared in the case, and plaintiff has asked that the Clerk of Court enter the individual
defendants’ default pursuant to Federal Rule of Civil Procedure 55(a). The assistant U.S.
attorney representing the United States and some of the individual defendants has filed a
response to plaintiff’s request, noting that entry of default would be inappropriate because
plaintiff has not properly served the individual defendants. The Clerk of Court has not
entered the defendants’ default, and apparently he does not intend to do so.
My purpose in writing this memorandum is to make clear that there are no pending
motions relating to these issues. No defendant has moved to dismiss for lack of personal
jurisdiction, insufficient process, or insufficient service of process. Plaintiff has not filed a
motion asking that I direct the Clerk to enter the individual defendants’ default. The United

States seems to think that the plaintiff has requested additional time to serve the individual
defendants, but I have seen no such request and plaintiff denies having made such a
request. (See Docket #25 at 2.) To the extent any party wants me to make a decision on
these matters, such party must file an appropriate motion.
Dated at Milwaukee, Wisconsin, this 22nd day of August, 2011.

/s__________________________________
LYNN ADELMAN
District Judge

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