Monclova-Chavez v. McEachern et al

Filing 85

ORDER Adopting Findings and Recommendations 78 and Denying Plaintiff's Motion for Entry of Default Judgment without Prejudice 58 , signed by Chief Judge Anthony W. Ishii on 3/31/11. (Verduzco, M)

-SMS (PC) Monclova-Chavez v. McEachern et al

Doc. 85

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Plaintiff Maximilian Monclova-Chavez ("Plaintiff") is a federal prisoner proceeding in forma 16 pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau 17 of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil 18 rights by federal actors. At this juncture, this action is proceeding on Plaintiff's complaint, filed 19 January 15, 2008, against Defendants Timothy Miller, Kenneth White, and Correctional Officer 20 Tincher for violation of the Eighth Amendment. On December 8, 2010, an entry of default was filed 21 against Eric McEachern for failure to appear, plead, or answer within the time allowed by law. 22 Plaintiff filed a motion for default judgment on August 28, 2010. The matter was referred to a 23 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 24 On February 15, 2011, the Magistrate Judge findings and recommendations recommending 25 that Plaintiff's motion for default judgment be denied. The parties were given thirty days in which 26 to file objections and no objections have been filed. 27 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 28 1
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UNITED STATES DISTRICT COURT

MAXIMILIAN MONCLOVA-CHAVEZ, Plaintiff, v. ERIC McEACHERN, et al., Defendants. /

CASE NO. 1:08-cv-00076-AWI-SMS PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT, WITHOUT PREJUDICE (ECF Nos. 58, 78)

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de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. 2. The findings and recommendations filed February 15, 2011, are adopted in full; and Plaintiff's motion for default judgment filed August 28, 2010, is DENIED, without prejudice. IT IS SO ORDERED. Dated: 0m8i78 March 31, 2011 CHIEF UNITED STATES DISTRICT JUDGE

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