Randall Lynn Harper v. City of Monterey;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RANDALL LYNN HARPER,
Plaintiff - Appellant,
v.
CITY OF MONTEREY; et al.,
Defendants - Appellees.
No. 12-15353
D.C. No. 5:11-cv-02903-LHK
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Lucy Koh, District Judge, Presiding
Submitted May 14, 2013**
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
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
FILED
MAY 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-15353 2
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.

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