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Perez v. Griffin

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


December 12, 2006

MIKE PEREZ, PLAINTIFF
v.
JOHN J. GRIFFIN AND LAW OFFICE OF JOHN J. GRIFFIN, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

CIVIL ACTION

ORDER

AND NOW, this 12th day of December, 2006, upon consideration of pro se plaintiff's notice of default (Doc. 13) and motion for default judgment (Doc. 15), averring that defendants have failed to respond to the complaint despite service by the United States Marshal, see FED. R. CIV. P. 55, and it appearing that, to date, defendants have not been properly served,*fn1 see Staudte v. Abrahams, 172 F.R.D. 155, 156 (E.D. Pa. 1997) (denying plaintiff's request for default against defendants who were improperly served); see also Sampath v. Concurrent Techs. Corp., 227 F.R.D. 399, 401-402 (W.D. Pa. 2005), it is hereby ORDERED that:

1. Plaintiff's notice of default (Doc. 13) and motion for default judgment (Doc. 15) are DENIED.

2. The United States Marshal is directed to effect personal service of the complaint (Doc. 1) in accordance with the Federal Rules of Civil Procedure, and file proof thereof on or before January 10, 2007.

CHRISTOPHER C. CONNER United States District Judge


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