Cranford v. C. et al

Filing 9

ORDER Denying Plaintiff's 8 Motion for Default Judgment as Premature signed by Magistrate Judge Barbara A. McAuliffe on 08/07/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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Plaintiff,

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v.
JESSICA C., et al.
Defendants.

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1:14-cv-01025-BAM
ORDER DENYING PLAINTIFF’S MOTION
FOR DEFAULT JUDGMENT AS
PREMATURE
(ECF No. 7)

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

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on

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June 30, 2014. (ECF No. 1.)

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On August 4, 2014, Plaintiff filed the instant motion for entry of default judgment against
“Jessica C. etal” for failure to plead or otherwise defend. (ECF No. 8.)

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Plaintiff’s motion for default judgment is premature and shall be denied without

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prejudice. The Court has not screened Plaintiff’s complaint to determine whether it is subject to

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dismissal or whether the action should proceed to discovery on Plaintiff’s claims. 28. U.S.C. §

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1915(e)(2)(B)(ii) (“Notwithstanding any filing fee, or any portion thereof, that may have been

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paid, the court shall dismiss the case at any time if the court determines that ... the action or

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appeal ... fails to state a claim upon which relief may be granted.”) The Court also has not

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ordered service of the complaint and has not opened discovery in this matter.

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

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without prejudice, as premature.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

August 7, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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