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)
1
2
3
UNITED STATES DISTRICT COURT
4
EASTERN DISTRICT OF CALIFORNIA
5
6
7
Plaintiff,
8
9
10
11
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.
12
13
14
15
16
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.
17
Both defendants in this case have executed a waiver of service of summons. (ECF Nos.
18
16 & 17). Both defendants have failed to file a responsive pleading within the time period laid
19
out in the waivers. (Id.).
20
Because Plaintiff had not moved for a default judgment or otherwise attempted to
21
prosecute this case after Defendants’ failure to file responsive pleadings, the Court ordered
22
Plaintiff to show cause why this case should not be dismissed, without prejudice, for failure to
23
prosecute. (ECF No. 18). The Court noted that if Plaintiff began going through the appropriate
24
procedure to get a default judgment, the Court would vacate the order to show cause. (Id.).
25
26
27
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
28
1
1
Emmanuel J. Fantone and Jaswant Khokhar be entered.1 Because both defendants executed
2
waivers of service but have failed to plead or otherwise defend this case, the Court will grant
3
this request and direct the Clerk of Court to enter the defaults of defendants Emmanuel J.
4
Fantone and Jaswant Khokhar. Fed. R. Civ. P. 55(a).
5
Accordingly, based on the foregoing, it is HEREBY ORDERED that:
6
1. The order to show cause entered on August 7, 2017 (ECF No. 18), is
7
DISCHARGED;
8
2. The Clerk of Court is directed to enter the defaults of defendants Emmanuel J.
9
Fantone and Jaswant Khokhar; and
10
3. The Clerk of Court is directed to serve a copy of this order and Plaintiff’s
11
motion for default judgment (ECF No. 19) on Supervising Deputy Attorney
12
General Monica Anderson.
13
14
15
IT IS SO ORDERED.
Dated:
August 28, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
16
17
18
19
20
21
22
23
24
25
26
27
28
1
Plaintiff erroneously states that default has already been entered. (ECF No. 19, p. 1).
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?