Washington v. Adams et al

Filing 78

ORDER DENYING Plaintiff's 75 Motion For Entry of Default Judgment, and STRIKING 76 Motion For Declaratory Judgment and Injunctive Relief, signed by Chief Judge Anthony W. Ishii on 4/24/2012. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER N. WASHINGTON,

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CASE NO. 1:09-cv-01666-AWI-SKO PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
FOR ENTRY OF DEFAULT JUDGMENT,
AND STRIKING MOTION FOR
DECLARATORY JUDGMENT AND
INJUNCTIVE RELIEF

v.
DERRAL G. ADAMS,
Defendant.

(Docs. 75 and 76)
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Plaintiff Christopher N. Washington, a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 21, 2009. On April

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4, 2012, Plaintiff filed a motion for entry of default judgment and a motion for a declaratory

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judgment and injunctive relief.

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Plaintiff’s motion for entry of default judgment lacks any merit and it shall be denied.

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Defendant Adams is not in default, Fed. R. Civ. P. 55, nor has he engaged in conduct which would

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subject him to terminating sanctions under the Court’s inherent power, Chambers v. NASCO, Inc.,

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501 U.S. 32, 43-45, 111 S.Ct. 2123 (1991); Roadway Express, Inc. v. Piper, 447 U.S. 752, 767, 100

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S.Ct. 2455 (1980); Gomez v. Vernon, 255 F.3d 1118, 1134 (9th Cir. 2001); Fink v. Gomez, 239 F.3d

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989, 993-94 (9th Cir. 2001).

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Plaintiff’s motion for a declaratory judgment and injunctive relief shall be stricken from the

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record. On March 27, 2012, Defendant was ordered to file a response to Plaintiff’s previously-filed

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motion seeking to set aside the dismissal of his claims for declaratory and injunctive relief. (Docs.

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65-70, 74.) Once Defendant files his opposition or statement of non-opposition, Plaintiff is entitled
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to file a reply, but he may not amend or supplement his pending motion without leave of court. See

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Local Rule 230(l). At this juncture, the Court desires no further briefing from Plaintiff, other than

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a reply if applicable and if desired by Plaintiff. If the Court determines it needs further briefing once

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the motion is deemed submitted under Local Rule 230(l), it will issue an order.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for entry of default judgment

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is DENIED, and Plaintiff’s motion for a declaratory judgment and injunctive relief is STRICKEN.

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IT IS SO ORDERED.

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Dated:
0m8i78

April 24, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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