Eric Lee Hasselbrock v. John Scott Wilson

Summary

The United States District Court for the District of Arizona overruled Plaintiff Eric Lee Hasselbrock’s objections, adopted the magistrate judge’s Report and Recommendation, and dismissed the action without prejudice for failure to properly serve Defendant. The court also denied the motions for default and default judgment and denied the in forma pauperis application as moot.

Holdings

1. The court construed Plaintiff's notice of appeal as an objection to the Report and Recommendation and excused the one-day delay for good cause.
2. Plaintiff did not establish valid service because the process-server attempts were unsuccessful and service by certified mail was not an approved method under the Federal Rules of Civil Procedure.
3. Defendant could not be in default because service had never been completed; Plaintiff's Motion for Default and Motion for Entry of Default Judgment were therefore denied.
4. The complaint and action were dismissed without prejudice, and the magistrate judge's Report and Recommendation was adopted.

Questions Presented

1. Whether Plaintiff's notice of appeal, filed one day after the objection deadline, should be construed as an objection to the magistrate judge's Report and Recommendation.
2. Whether Plaintiff established that Defendant had been properly served under the Federal Rules of Civil Procedure.
3. Whether dismissal without prejudice was proper under Rules 4(m) and 41(b).
4. Whether Plaintiff was entitled to default or default judgment despite the absence of completed service.

Disposition

dismissed