Smith v. Fantone et al

Filing 20

ORDER DISCHARGING 18 Order to Show Cause; ORDER DIRECTING Clerk to enter Defaults and Serve a copy of this Order and Plaintiff's Motion for Default Judgment on Supervising Deputy Attorney General Monica Anderson, signed by Magistrate Judge Erica P. Grosjean on 08/28/17. (Attachments: # 1 Motion for Default Judgment)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Case No. 1:16-cv-01179-EPG (PC)

TRAYVONE SMITH,

ORDER DISCHARGING ORDER TO
SHOW CAUSE
(ECF NO. 18)

v.

ORDER DIRECTING CLERK TO ENTER
DEFAULTS AND SERVE A COPY OF THIS
ORDER AND PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT ON SUPERVISING
DEPUTY ATTORNEY GENERAL MONICA
ANDERSON

EMMANUEL J. FANTONE and
JASWANT KHOKHAR,
Defendants.

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Trayvone Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
with this civil rights action filed pursuant to 42 U.S.C. § 1983.

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Both defendants in this case have executed a waiver of service of summons. (ECF Nos.

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16 & 17). Both defendants have failed to file a responsive pleading within the time period laid

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out in the waivers. (Id.).

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Because Plaintiff had not moved for a default judgment or otherwise attempted to

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prosecute this case after Defendants’ failure to file responsive pleadings, the Court ordered

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Plaintiff to show cause why this case should not be dismissed, without prejudice, for failure to

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prosecute. (ECF No. 18). The Court noted that if Plaintiff began going through the appropriate

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procedure to get a default judgment, the Court would vacate the order to show cause. (Id.).

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On August 21, 2017, Plaintiff filed a motion for default judgment. (ECF No. 19).
Accordingly, the Court will vacate its order to show cause.
Additionally, the Court construes the motion as asking that the defaults of defendants

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Emmanuel J. Fantone and Jaswant Khokhar be entered.1 Because both defendants executed

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waivers of service but have failed to plead or otherwise defend this case, the Court will grant

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this request and direct the Clerk of Court to enter the defaults of defendants Emmanuel J.

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Fantone and Jaswant Khokhar. Fed. R. Civ. P. 55(a).

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Accordingly, based on the foregoing, it is HEREBY ORDERED that:

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1. The order to show cause entered on August 7, 2017 (ECF No. 18), is

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DISCHARGED;

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2. The Clerk of Court is directed to enter the defaults of defendants Emmanuel J.

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Fantone and Jaswant Khokhar; and

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3. The Clerk of Court is directed to serve a copy of this order and Plaintiff’s

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motion for default judgment (ECF No. 19) on Supervising Deputy Attorney

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General Monica Anderson.

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IT IS SO ORDERED.
Dated:

August 28, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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Plaintiff erroneously states that default has already been entered. (ECF No. 19, p. 1).
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