Green v. Chakotos et al

Filing 20

ORDER Denying Plaintiff's Motions For Default And Default Judgment (ECF Nos. 16 , 17 ), signed by Magistrate Judge Dennis L. Beck on 11/21/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IRA GREEN,

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Case No. 1:11-cv-01611-LJO-DLB PC
Plaintiff,

v.

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JOHN CHAKOTOS, et al.,

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ORDER DENYING PLAINTIFF’S
MOTIONS FOR DEFAULT AND
DEFAULT JUDGMENT (ECF Nos. 16, 17)

Defendants.

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Plaintiff Ira Green (“Plaintiff”) is a prisoner in the custody of the California Department of

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Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this civil action pursuant

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to 42 U.S.C. § 1983. On September 22, 2011, Defendants John Chakotos and Igbinosa removed this

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action from Fresno County Superior Court. On October 17, 2012, Plaintiff filed a motion requesting

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entry of default and default judgment against Defendants. ECF Nos. 16, 17. On November 7, 2012,

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Defendants filed their opposition. ECF No. 19. The matter is submitted pursuant to Local Rule

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230(l).

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“When a party against whom a judgment for affirmative relief is sought has failed to plead or

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otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s

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default.” Fed. R. Civ. P. 55(a).

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On August 22, 2012, the undersigned issued Findings and Recommendations, recommending

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the dismissal of Plaintiff’s state law claims for failure to plead compliance with the California Tort

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Claims Act. On September 7, 2012, Plaintiff filed his objections to the Findings and
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Recommendations. Plaintiff included as an exhibit a letter from the Victim Compensation and

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Government Claims Board regarding his claim. Accordingly, on October 10, 2012, the Court

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granted Plaintiff leave to file a first amended complaint. The Court also advised the parties that it

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will screen Plaintiff’s amended complaint pursuant to 28 U.S.C. § 1915A(a) prior to requiring

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Defendants to file a responsive pleading. Defendants contend that Plaintiff’s motions for entry of

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default and default judgment are moot. The Court agrees with Defendants.
Accordingly, it is HEREBY ORDERED that Plaintiff’s motions for entry of default and

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default judgment, filed October 17, 2012, are denied.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

November 21, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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3b142a

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