Demerson v. Woodford et al

Filing 155

ORDER DENYING 150 Motion for Entry of Default Judgment signed by District Judge Lawrence J. O'Neill on 11/30/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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EDWARD DEMERSON,

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CASE NO. 1:08-cv-00144-LJO-SKO PC

Plaintiff,

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ORDER DENYING MOTION FOR ENTRY
OF DEFAULT JUDGMENT

v.
(Doc. 150)

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JEANNE S. WOODFORD, et al.,

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Defendants.
/

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Plaintiff Edward Demerson, a state prisoner proceeding pro, filed this civil rights action

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pursuant to 42 U.S.C. § 1983 on January 29, 2008. This action is proceeding on Plaintiff’s second

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amended complaint, filed on June 24, 2009, against Defendants Phillips, Campos, Amaro, Clausing,

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Bardonnex, Munoz, and Cartagina for using excessive physical force against Plaintiff, and against

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Defendants Munoz, Cartagina, Gregory, and Hillard for acting with deliberate indifference toward

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Plaintiff’s resulting injuries, in violation of the Eighth Amendment of the United States Constitution.

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On November 1, 2012, Plaintiff filed his second motion seeking entry of default judgment

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against Defendant Gregory. The undersigned considered and denied Plaintiff’s first motion on April

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13, 2012. While the denial was without prejudice, the procedural posture of this case has not

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changed since the Court issued its denial and there is no legal support for Plaintiff’s renewal of the

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motion at this time. Unnecessary multiplication of the proceedings by either side is viewed with

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disfavor.

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///

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///
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Plaintiff’s motion for entry of default judgment is HEREBY SUMMARILY DENIED and
Plaintiff is DIRECTED to review the order filed on April 13, 2012.

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IT IS SO ORDERED.

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Dated:
b9ed48

November 30, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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