Landau v. Voss et al

Filing 83

ORDER Directing Clerk of Court to Enter Default Against Defendant Wendy Allen; ORDER Denying Plaintiff's 82 Motion for Entry of Default Judgment without Prejudice signed by Magistrate Judge Dennis L. Beck on 10/01/2010. (Flores, E)

(PC) Landau v. Voss et al

Doc. 83

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SID LANDAU, 10 11 v. Plaintiff, CASE NO. 1:07-CV-00815-AWI-DLB PC ORDER DIRECTING CLERK OF COURT TO ENTER DEFAULT AGAINST DEFENDANT WENDY ALLEN (DOC. 81) ORDER DENYING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT WITHOUT PREJUDICE (DOC. 82) /

UNITED STATES DISTRICT COURT

12 W. T. VOSS, et al., 13 14 15 16 Defendants.

Plaintiff Sid Landau ("Plaintiff") is a civil detainee in the custody of the California

17 Department of Mental Health. Plaintiff is proceeding pro se and in forma pauperis in this civil 18 rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants Wendy 19 Allen, James Forrest, and Leo Adcock. 20 Pending before the Court are: 1) Plaintiff's request for entry of default against Defendant

21 Allen, filed September 17, 2010; and 2) Plaintiff's motion for entry of default judgment, filed 22 September 17, 2010. 23 I. 24 Entry Of Default On September 17, 2010, Plaintiff filed a request for entry of default against Defendant

25 Wendy Allen. A review of the court docket indicates that Defendant Allen was served with the 26 complaint and summons, and returned a waiver of service on March 24, 2009. (Doc. 28.) As of 27 the date of this order, Defendant Allen has not answered or otherwise responded to Plaintiff's 28 complaint. Pursuant to Federal Rule of Civil Procedure 55(a), "[w]hen a party against a 1
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1 judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure 2 is shown by affidavit or otherwise, the clerk must enter the party's default." Accordingly, the 3 Clerk of Court is directed to enter default against Defendant Allen. 4 II. 5 Motion For Entry Of Default Judgment Plaintiff also requests entry of default judgment against Defendant Allen. Plaintiff's

6 complaint requested as relief damages in the amount of $5,000,000 compensatory damages, and 7 $15,000,000 in punitive damages, as well as an award of costs.1 8 Plaintiff may not simply demand that the Court order Defendant to pay the relief he

9 requested in his complaint. Plaintiff must submit evidence in support of the amount of damages 10 claimed. See Fed. R. Civ. P. 55(b). Because Plaintiff has submitted no evidence in support of 11 this demand, the Court must deny Plaintiff's request for entry of default judgment without 12 prejudice. Accordingly, Plaintiff's request for entry of default judgment is denied. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Plaintiff's request for reasonably attorney fees pursuant to 42 U.S.C. § 1988 is denied. Pro se litigants are n o t entitled to an award of attorney's fees. Friedman v. Arizona, 912 F.2d 328, 333 n.2 (9th Cir. 1990).
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IT IS SO ORDERED. Dated: 3b142a

October 1, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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