Hunt v. Landau et al

Filing 8

ORDER Regarding 7 Motion for Default Judgment, signed by Magistrate Judge Barbara A. McAuliffe on 4/20/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE HUNT,
Plaintiff,

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ORDER REGARDING MOTION FOR
DEFAULT JUDGMENT

v.
ELANA S. LANDAU; MICHAEL S. FRYE;
NICHOLAS POTTRATZ; DETECTIVE
DAVID FRIES; FRESNO COUNTY
SHERIFF’S DEPARTMENT,
Defendants.

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CASE NO. 1:14-cv-1757 --- BAM

(Doc. 7)

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Plaintiff is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. On April 13, 2015, Plaintiff filed a document requesting that the court

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enter default judgment against all Defendants on the basis that the case has not yet been screened.

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(Doc. 7).

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The Court is required to screen complaints brought by prisoners seeking relief against a
governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. §
1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or

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malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief

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from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2); 28 U.S.C. §

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1915(e)(2)(B)(ii). The Court will direct the United States Marshal to serve Plaintiff’s complaint only

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after the Court has screened the complaint and determined that it contains a cognizable claim for relief

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against the named defendant. Plaintiff’s complaint is currently in the screening stage and has not been

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served any defendant. Therefore, the motion for default judgment was not properly filed and it will be

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disregarded as it is premature. The Court is aware of Plaintiff’s case and will screen the complaint in

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due course.

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IT IS SO ORDERED.
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Dated:

/s/ Barbara

April 20, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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