Randall Harper v. City of Monterey

519 F. App'x 503

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 21, 2013
• Docket: 12-15353
• Status: Unpublished

Opinion

MEMORANDUM **

Randall Lynn Harper appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various federal and state law claims related to his car being towed. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1030 (9th Cir.2008), and we affirm.

Contrary to Harper’s contentions, the clerk properly declined Harper’s requests for entry of default because defendants filed timely motions to dismiss Harper’s action for failure to state a claim. See Fed.R.Civ.P. 55(a) (providing that a default can be entered against a party only where that party “has failed to plead or otherwise defend”).

Harper’s contentions regarding personal jurisdiction and venue are unpersuasive.

Harper’s pending motions for judicial notice and entry of default are denied.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.