Quiroga v. Aguilara et al

Filing 34

ORDER denying 27 Motion for Default Judgment signed by Magistrate Judge Michael J. Seng on 4/5/2017. (Lundstrom, T)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MONICO J. QUIROGA, III, 10 Plaintiff, 11 12 CASE NO. 1:15-cv-01202-LJO-MJS (PC) ORDER DENYING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT v. (ECF No. 27) AGUILARA, et al. 13 Defendants. 14 15 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 17 rights action brought pursuant to 42 U.S.C. § 1983. The action was dismissed with 18 prejudice for failure to state a claim, and Plaintiff appealed. (ECF Nos. 23, 30.) Before 19 the Court is Plaintiff’s March 21, 2017 motion for default judgment. (ECF No. 27.) 20 Defendants were not served in this action and are not in default. Fed. R. Civ. P. 21 12(a)(1), 55(a). In any event, default judgment is not available to Plaintiff in this closed 22 case. 23 Accordingly, Plaintiff’s motion for default judgment is HEREBY DENIED. 24 IT IS SO ORDERED. 25 26 27 28 Dated: April 5, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?