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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAXIMILIAN MONCLOVA-CHAVEZ,

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Plaintiff,
v.
ERIC McEACHERN, et al.,

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Defendants.

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Case No.: 1:08-cv-00076-AWI-BAM
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
PLAINTIFF’S MOTION FOR DEFAULT
JUDGMENT
(ECF Nos. 178, 179)

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Plaintiff Maximilian Monclova-Chavez, a federal prisoner, filed this civil rights action

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pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91

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S.Ct. 1999 (1971) on January 15, 2008. This action proceeds against Defendant McEachern for

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excessive force in violation of the Eighth Amendment. All other defendants and claims have been

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dismissed.

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On November 25, 2013, the Magistrate Judge issued Findings and Recommendations that

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Plaintiff’s motion for default judgment be denied without prejudice. The findings and

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recommendations were served on all parties appearing in this action and contained notice that any

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objections were to be filed within fourteen days after service. (ECF No. 179.) More than fourteen

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days have passed and no objections have been filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations, issued on November 25, 2013, are adopted in full;

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and
2. Plaintiff’s motion for default judgment is DENIED without prejudice.

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IT IS SO ORDERED.
Dated: January 2, 2014
SENIOR DISTRICT JUDGE

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