Smith v. Fantone et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:16-cv-01179-EPG (PC)
ORDER DISCHARGING ORDER TO
(ECF NO. 18)
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
EMMANUEL J. FANTONE and
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.
Both defendants in this case have executed a waiver of service of summons. (ECF Nos.
16 & 17). Both defendants have failed to file a responsive pleading within the time period laid
out in the waivers. (Id.).
Because Plaintiff had not moved for a default judgment or otherwise attempted to
prosecute this case after Defendants’ failure to file responsive pleadings, the Court ordered
Plaintiff to show cause why this case should not be dismissed, without prejudice, for failure to
prosecute. (ECF No. 18). The Court noted that if Plaintiff began going through the appropriate
procedure to get a default judgment, the Court would vacate the order to show cause. (Id.).
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
Emmanuel J. Fantone and Jaswant Khokhar be entered.1 Because both defendants executed
waivers of service but have failed to plead or otherwise defend this case, the Court will grant
this request and direct the Clerk of Court to enter the defaults of defendants Emmanuel J.
Fantone and Jaswant Khokhar. Fed. R. Civ. P. 55(a).
Accordingly, based on the foregoing, it is HEREBY ORDERED that:
1. The order to show cause entered on August 7, 2017 (ECF No. 18), is
2. The Clerk of Court is directed to enter the defaults of defendants Emmanuel J.
Fantone and Jaswant Khokhar; and
3. The Clerk of Court is directed to serve a copy of this order and Plaintiff’s
motion for default judgment (ECF No. 19) on Supervising Deputy Attorney
General Monica Anderson.
IT IS SO ORDERED.
August 28, 2017
UNITED STATES MAGISTRATE JUDGE
Plaintiff erroneously states that default has already been entered. (ECF No. 19, p. 1).
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