Munger v. SSA, No. 19-0012, 2019 WL 2869187 (W.D. Wash. July 3, 2019) (Robart, J.)

Munger v. SSA, No. 19-0012, 2019 WL 2869187 (W.D. Wash. July 3, 2019) (Robart, J.)

Re:  Request for records concerning incident involving plaintiff

Disposition:  Vacating prior order of default against defendant; denying plaintiff's motion for default judgment

• Litigation Considerations, Pleadings:  The court holds that, "[b]ecause [plaintiff] has failed to properly execute service of process in this suit, the court vacates its prior order of default against SSA."  "In addition, because the court cannot grant default judgment in the absence of a valid order of default, . . . the court also denies [plaintiff's] motion for a default judgment."  The court relates that "[plaintiff] must serve three actors, in total, to sue an agency of the United States, like SSA, including: (1) the agency, (2) the United States Attorney in the district where the action is brought, and (3) the Attorney General of the United States."  While the court notes that plaintiff served the SSA, the court finds that "the record evinces no attempt by [plaintiff] to serve either the United States Attorney for the Western District of Washington or the Attorney General as is also required . . . ."