Baldhosky v. State of California, et al.

Filing 42

ORDER Denying 37 Motion for Default Judgment, signed by Magistrate Judge Michael J. Seng on 6/22/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAYMOND BALDHOSKY,

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Plaintiff,

CASE NO. 1:14-cv-00166-LJO-MJS (PC)
ORDER DENYING MOTION FOR
DEFAULT JUDGMENT

v.
(ECF NO. 37)
VIDAL SANCHEZ, et al.,

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Defendants.

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Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this

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civil rights action brought pursuant to 42 U.S.C. § 1983. The action was dismissed on

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statute of limitations grounds on April 22, 2015. (ECF Nos. 27 & 35.)

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Before the Court is Plaintiff’s motion for default judgment against Defendant

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Dwivedi. (ECF No. 37.) The motion was filed on May 8, 2015, after the dismissal of the

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case and entry of judgment against Plaintiff. (ECF No. 36.)

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Plaintiff is not entitled to default judgment. Judgment has been entered, and the

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case has been closed. (ECF No. 36.) There is no existing case or controversy in which

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Plaintiff could obtain a default judgment against any Defendant.

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Accordingly, Plaintiff’s motion for default judgment is HEREBY DENIED.

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IT IS SO ORDERED.
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Dated:

June 22, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE