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Midalgo v. Keough

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

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