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Takeuchi v. McHugh

United States District Court, D. Hawaii

January 26, 2015

PATRICK TAKEUCHI, Plaintiff,
v.
JOHN M. MCHUGH, SECRETARY OF THE ARMY, Defendant

Patrick Takeuchi, Plaintiff, Pro se, Honolulu, HI.

For John M. McHugh, Secretary of the Army, Defendant: Thomas A. Helper, LEAD ATTORNEY, Office of the United States Attorney, Honolulu, HI.

FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

Kevin S.C. Chang, United States Magistrate Judge.

Before the Court is Plaintiff Patrick Takeuchi's (" Plaintiff") Motion for Default Judgment (" Motion"), filed January 23, 2015. The Court finds this matter suitable for disposition without a hearing pursuant to Rule 7.2(d) of the Local Rules of Practice for the U.S. District Court for the District of Hawaii (" Local Rules"). After carefully considering the Motion and the applicable law, the Court hereby RECOMMENDS that the district court DENY Plaintiff's Motion.

Plaintiff seeks default judgment against Defendant John McHugh because he has failed to respond to the Amended Complaint. Plaintiff's request for default judgment is premature, insofar as an entry of default must precede a motion for default judgment. See Fed.R.Civ.P. 55(a) (" When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default."). Plaintiff has not requested an entry of default, and default has not entered, against Defendant.[1] Accordingly, the Court recommends that the district court DENY this Motion.

IT IS SO FOUND AND RECOMMENDED.


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