Cranford v. Ahlin et al

Filing 7

ORDER DENYING Plaintiff's Motion for Default Judgment 6 , signed by Magistrate Judge Michael J. Seng on 8/19/14. (Hellings, J)

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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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CASE NO. 1:14-cv-1131-MJS (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR DEFAULT JUDGMENT

v.
(ECF No. 6)
PAM AHLIN, et al.,

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Defendants.

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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on July

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21, 2014. (ECF No. 1.) On August 14, 2014, he moved for default judgment. (ECF No.

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6.)

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A default, followed by a default judgment, cannot be taken unless and until a

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defendant has been served and fails to file a responsive pleading within the time

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allowed. Fed. R. Civ. P. 55(a). Although Plaintiff claims that the defendants have been

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served in this case, nothing before the Court reflects proper service. Service would, in

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any event, be premature for the reason set forth below.

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The Court is required to screen complaints brought by prisoners seeking relief

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against a governmental entity or officer or employee of a governmental entity. 28 U.S.C.

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§ 1915A. The Court must dismiss a complaint or portion thereof if the prisoner has raised

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claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief

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may be granted, or that seek monetary relief from a defendant who is immune from such

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relief. 28 U.S.C. § 1915A(b)(1), (2). This provision is mandatory. The Court will direct the

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United States Marshals Service to serve Plaintiff’s complaint only after the Court has

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screened the complaint and determined that it contains cognizable claims for relief

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against the named Defendants.

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Accordingly, because Plaintiff has presented no basis upon which a default could

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be taken against the named defendants, his motion for default judgment (ECF No. 6) is

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DENIED.

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IT IS SO ORDERED.
Dated:

August 19, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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