Monclova-Chavez v. McEachern et al
Filing
180
ORDER Adopting 179 FINDINGS AND RECOMMENDATIONS DENYING Plaintiff's 178 Motion for Default Judgment signed by District Judge Anthony W. Ishii on 1/2/2014. (Sant Agata, S)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
MAXIMILIAN MONCLOVA-CHAVEZ,
12
13
14
Plaintiff,
v.
ERIC McEACHERN, et al.,
15
Defendants.
16
17
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: 1:08-cv-00076-AWI-BAM
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
PLAINTIFF’S MOTION FOR DEFAULT
JUDGMENT
(ECF Nos. 178, 179)
18
Plaintiff Maximilian Monclova-Chavez, a federal prisoner, filed this civil rights action
19
pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91
20
S.Ct. 1999 (1971) on January 15, 2008. This action proceeds against Defendant McEachern for
21
excessive force in violation of the Eighth Amendment. All other defendants and claims have been
22
dismissed.
23
On November 25, 2013, the Magistrate Judge issued Findings and Recommendations that
24
Plaintiff’s motion for default judgment be denied without prejudice. The findings and
25
recommendations were served on all parties appearing in this action and contained notice that any
26
objections were to be filed within fourteen days after service. (ECF No. 179.) More than fourteen
27
days have passed and no objections have been filed.
28
1
1
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de
2
novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
3
Recommendations to be supported by the record and by proper analysis.
4
Accordingly, IT IS HEREBY ORDERED that:
5
1. The Findings and Recommendations, issued on November 25, 2013, are adopted in full;
6
7
and
2. Plaintiff’s motion for default judgment is DENIED without prejudice.
8
9
10
11
IT IS SO ORDERED.
Dated: January 2, 2014
SENIOR DISTRICT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?