U.S. Court of Appeals for the Ninth Circuit, 2013

Randall Harper v. City of Monterey

Randall Harper v. City of Monterey
U.S. Court of Appeals for the Ninth Circuit · Decided May 21, 2013 · Leavy, Thomas, Murguia
519 F. App'x 503

Counsel

Randall Lynn Harper, Pacific Grove, CA, pro se., Amanda M. Cohen, Law Offices of Vincent P. Hurley, Aptos, CA, Neil Lloyd Shapiro, Law Offices of Neil L. Shapiro, Monterey, CA, for Defendants-Appellees.

Randall Harper v. City of Monterey

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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.

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