NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

JHONATHAN CABRERA, Civil Action No. 25-126 (SDW)

Plaintiff,

WHEREAS OPINION & ORDER v.

UNITED STATES CITIZENSHIP AND August 19, 2025 IMMIGRATION SERVICES (USCIS), et al.,

Defendants.

THIS MATTER having come before this Court upon pro se Plaintiff Jhonathan Cabrera’s (“Plaintiff”) Motion for Default Judgment (D.E. 12), and this Court having reviewed the parties’ submissions; and WHEREAS Plaintiff has not obtained an entry of default from the Clerk of Court pursuant to Federal Rule of Civil Procedure 55(a); and WHEREAS entry of default and default judgment are improper without a showing that service of process was properly effectuated. See Knights Franchise Sys., Inc. v. Forward Hotels & Dev., LLC, Civ. No. 17-2789,

, at *2 (D.N.J. June 27, 2019) (“Rule 55 of the Federal Rules of Civil Procedure permits a court to enter a default judgment against a properly served defendant who fails to respond.”) (emphasis added); and WHEREAS service upon the United States and its agencies pursuant to Federal Rule of Civil Procedure 4(i) requires that Plaintiff, inter alia, “deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought[.]” Fed. R. Civ. P. 4(i)(1)(A)(i); (2); and WHEREAS Defendants have correctly asserted in their response letter (D.E. 17) that Plaintiff’s affidavits of service (D.E. 12-1; 12-2; 12-3; 13) do not indicate that he ever delivered by certified mail a copy of the summons and complaint to the Civil Division of the United States

Attorney’s Office for the District of New Jersey; therefore Plaintiff’s Motion for Default Judgment is DENIED. Plaintiff shall send by certified mail a copy of the summons and complaint to the U.S. Attorney’s Office in this District as contemplated by the Federal Rules of Civil Procedure within thirty (30) days. ___/s/ Susan D. Wigenton_____ SUSAN D. WIGENTON, U.S.D.J.

Orig: Clerk cc: Parties