Cranford v. Salber et al

Filing 41

ORDER DENYING 39 Plaintiff's Motion for Entry of Default Judgment signed by Magistrate Judge Jennifer L. Thurston on 10/6/2011. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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Plaintiff,

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Case No. 1:08-cv-00063 JLT (PC)
ORDER DENYING MOTION FOR ENTRY
OF DEFAULT JUDGMENT

vs.
(Doc. 39)

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DIANE SALBER, et al.,
Defendant.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action

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pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s October 4, 2011 motion for entry

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of default judgment. (Doc. 39). Therein, Plaintiff argues that default judgment should be entered against

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Defendants for their failure to plead or otherwise defend the action. (Id.) On October 6, 2011,

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Defendants filed their reply to Plaintiff’s request. (Doc. 40).

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Plaintiff’s motion fails to explain why entry of default against Defendants would be appropriate

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at this time. Defendants’ opposition suggests that Plaintiff may have filed his current motion in response

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to Defendants’ inability to complete the deposition of Plaintiff. (Doc. 40). However, as Defendants

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explain, they intend to proceed in the action without the benefit of Plaintiff’s deposition. In addition,

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the Court notes that on January 14, 2011, Defendants timely filed an answer to Plaintiff’s complaint.

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(Doc. 23). Therefore, default judgment is not appropriate at this time.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s October 4, 2011 motion for default
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judgment (Doc. 39) is DENIED.

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IT IS SO ORDERED.

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Dated: October 6, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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