Monclova-Chavez v. McEachern et al

Filing 177

ORDER Denying Plaintiff's 176 Motion for Order to Clerk to Re-Enter Default Against Defendant McEachern, signed by Magistrate Judge Barbara A. McAuliffe on 10/15/13. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAXIMILLIAN MONCLOVA-CHAVEZ,

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Plaintiff,
v.
ERIC McEACHERN, et al.,
Defendants.

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Case No.: 1:08-cv-00076-AWI-BAM
ORDER DENYING PLAINTIFF’S MOTION FOR
ORDER TO CLERK TO RE-ENTER DEFAULT
AGAINST DEFENDANT McEACHERN

Plaintiff Maximilian Monclova-Chavez is a federal prisoner proceeding in this civil rights

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action filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403

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U.S. 388, 91 S.Ct. 1999 (1971) against Defendants Miller, White, McEachern and Tincher. Following

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dismissal of Defendants Miller, White and Tincher, Defendant McEachern is the only remaining

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defendant in this action. (ECF Nos. 168, 172.) The Clerk of the Court entered default against

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Defendant McEachern on December 8, 2010. (ECF No. 72.) On September 6, 2013, the Court

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directed Plaintiff to file any motion for default judgment against Defendant McEachern or,

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alternatively, seek his dismissal within sixty (60) days. (ECF No. 175.)

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On October 10, 2013, Plaintiff filed the instant motion requesting an order directing the clerk

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to re-enter default against Defendant McEachern. In making such a request, Plaintiff notes that the

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Clerk of the Court entered default against Defendant McEachern on August 23, 2010, but vacated that

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entry on August 24, 2010. (ECF Nos. 56, 57.) Plaintiff now asks that the Court order the Clerk of the
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Court to re-enter default against Defendant McEachern, which will allow Plaintiff to file a motion for

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default judgment in compliance with the Court’s September 6, 2013 order.

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Plaintiff’s request is unnecessary. The Clerk of the Court entered Defendant McEachern’s

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default on December 8, 2010. (ECF No. 72.) That entry has not been vacated and the Court finds no

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other basis requiring the re-entry of default. Accordingly, Plaintiff’s motion for an order directing the

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Clerk of Court to re-enter default against Defendant McEachern is DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

October 15, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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