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Midalgo v. Keough

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


February 6, 2006

GABRIEL G. H. MIDALGO, PLAINTIFF,
v.
SGT. KEOUGH, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

Plaintiff, Gabriel Midalgo, has moved for a default judgment against defendants Lt. Erickson and C.O. Hollering. The motion is denied.

In order to enter a default judgment, a court must have jurisdiction over the parties, which requires that the parties be served with process. 10A Wright, Miller & Kane, Federal Practice & Procedure: Civil 3d § 2682 (1998). See, e.g., Smith v. Galen of Kansas, Inc., No. CIV.A. 01-2475, 2002 WL 500579, at *1 (D.Kan. Mar. 27, 2002). Here, the record shows that defendants Erickson and Hollering have not yet been served with the summons and complaint. Plaintiff's motion must therefore be denied.

CONCLUSION

Plaintiff's motion for a default judgment against defendants Lt. Erickson and C.O. Hollering (Dkt. #36) is denied.

IT IS SO ORDERED.

20060206

© 1992-2006 VersusLaw Inc.



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