Cranford v. Badagon

Filing 113

ORDER DENYING Plaintiff's 110 Motion for Default Judgment signed by Magistrate Judge Barbara A. McAuliffe on 10/29/2015. (Sant Agata, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10

ARCHIE CRANFORD,
Plaintiff,

11
12
13
14

v.
ANGELA BACLAGON,
Defendant.

)
)
)
)
)
)
)
)
)
)

1:11-cv-00736-BAM
ORDER DENYING PLAINTIFF’S MOTION
FOR DEFAULT JUDGMENT
(ECF No. 110)

15
16

Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee proceeding pro se and in forma

17

pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The parties have consented to

18

the jurisdiction of the undersigned for all proceedings in this action. (ECF No. 112.)

19

On October 26, 2015, Plaintiff filed a motion for default judgment on the grounds that

20

Defendant allegedly failed to comply with a court order to appear for a telephonic trial

21

confirmation hearing on October 21, 2015 at 8:00 a.m. in Courtroom 4 (LJO). (ECF No. 110.)

22

Entry of default is appropriate as to any party against whom a judgment for affirmative relief is

23

sought that has failed to plead or otherwise defend as provided by the Federal Rules of Civil

24

Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. Civ. P. 55(a).

25

After entry of default, the plaintiff can seek entry of default judgment. Fed. R. Civ. P. 55(b)(1)

26

and (2). “Default judgments are generally disfavored, and whenever it is reasonably possible,

27

cases should be decided upon their merits.” In re Hammer, 940 F.2d 524, 525 (9th Cir. 1991)

28

(internal punctuation and citations omitted).
1

1

Plaintiff is not entitled to a default judgment in this matter. Contrary to his assertions,

2

Defendant, through counsel, appeared for the October 21, 2015 telephonic trial confirmation

3

hearing at 8:00 a.m. In fact, it was Plaintiff who failed to appear at that hearing, and as a result

4

the hearing was continued to October 22, 2015 at 7:45 a.m., (ECF No. 105), at which time both

5

parties appeared for the hearing, (ECF No. 107). Since Defendant has not failed to defend this

6

action or otherwise defaulted here, default judgment for Plaintiff is not appropriate.

7
8

Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for a default judgment
(ECF No. 110) is DENIED.

9
10
11

IT IS SO ORDERED.
Dated:

/s/ Barbara

October 29, 2015

12

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2