Bonsack v. Hartley et al

Filing 14

ORDER DENYING Plaintiff's 13 Motion for Default Judgment as PREMATURE signed by Magistrate Judge Stanley A Boone on 5/13/2013. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

SONNY BONSACK,

12
13

Plaintiff,
v.

14

JAMES D. HARTLEY, et al.,

15

Case No. 1:12-cv-01054-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT AS PREMATURE
(Doc. 13)

Defendants.

16
17
18
19
20
21
22
23
24
25
26
27

Plaintiff Sonny Bonsack (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on June 28,
2012, and is pending screening. On April 8, 2013, Plaintiff filed a request for default judgment
stating that he had served a summons on Defendants. (ECF No. 13.)
The Court is required to screen complaints brought by prisoners seeking relief against a
government entity or officer or employee of a government entity. 28 U.S.C. § 1915A(a). This
Court and its staff takes its role serious in complying with statutes and other obligations under the
United States Constitution and laws of the United States. As Plaintiff’s case is not the only case
under consideration by the Court and because cases are screened in the order in which they are
filed, absent good cause, the Court will screen cases in that order and will continue strive to avoid
delays whenever possible.
In this case, the United States Marshal will be directed to initiate service of process on

28
1

1

Plaintiff’s behalf when the Court has determined that Plaintiff’s complaint states cognizable

2

claims for relief and service is appropriate. 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(2). This

3

case has not been screened by the Court and service is not yet appropriate.
Accordingly, Plaintiff’s motion for entry of default is HEREBY DENIED as premature.

4
5
6
7
8

IT IS SO ORDERED.

9
Dated:
10

May 13, 2013

_

DEAC_Signature-END:

11

_

UNITED STATES MAGISTRATE JUDGE
i1eed4

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2