Iliya v. United States Marshalls Service
- Thomas Hixson
- 3:24-cv-03720
- U.S. District Court · Northern District of California
- 2
In Iliya v. United States Marshals Service, Judge Hixson denied default judgment because the required clerk’s entry of default had not occurred.
Dauda Iliya’s motion for default judgment against the United States Marshals Service was denied.
What happened
In Iliya v. United States Marshals Service, Dauda Iliya asked the court for default judgment under Federal Rule of Civil Procedure 55.
The court explained that the rule requires two steps: first obtaining an entry of default from the clerk, and then asking the court for default judgment. The United States Marshals Service had not been entered in default.
Judge Hixson therefore ruled that Iliya’s motion was improperly before the court and denied it.
The detailed version
- Iliya v. United States Marshalls Service · No. 3:24-cv-03720
- Thomas Hixson
- Oct. 29, 2024
Background
Dauda Iliya filed a motion for default judgment under Federal Rule of Civil Procedure 55. Default judgment is a judgment requested against a party that has not responded as required.
Rule and Analysis
The court explained that Rule 55 requires a two-step process. First, the plaintiff must obtain an entry of default from the clerk. Second, the plaintiff may file a motion asking the court to enter default judgment. The court cited Ninth Circuit decisions and other district court decisions applying this procedure.
In this case, default had not been entered against the United States Marshals Service. The court therefore determined that Iliya’s motion was improperly before it.
Disposition
The court denied the motion for default judgment. The opinion does not state why default had not been entered against the defendant.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.