Johnson v. Sisto et al

Filing 99

ORDER denying 97 Motion for Default Judgment signed by Magistrate Judge Kendall J. Newman on 6/24/11. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LACEDRIC W. JOHNSON,

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Plaintiff,

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vs.

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No. 2:08-cv-1609 KJM KJN P

D.K. SISTO, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel. On June 20, 2011,

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plaintiff filed a motion for default judgment against defendant A. Noriega. (Dkt. No. 97.)

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However, plaintiff’s motion is premature and is denied. A person by the name of Alfred Noriega

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signed the waiver of service form on May 20, 2011. (Dkt. No. 92.) The waiver permits a

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defendant sixty days in which to file a responsive pleading. Sixty days have not yet passed.

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Therefore, plaintiff’s motion is premature. Moreover, Alfred Noriega included a letter stating he

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has never been employed by the State of California or in any law enforcement or correction

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agency, and has no affiliation with the plaintiff or the individuals listed in plaintiff’s second

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amended complaint. In his motion, plaintiff alleges defendant A. Noriega has attempted to

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commit fraud upon the court based upon this letter, but fails to explain how this letter is

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fraudulent.
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IT IS HEREBY ORDERED that plaintiff’s June 20, 2011 motion for default

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judgment (dkt. no. 97) is denied without prejudice.

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DATED: June 24, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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john1609.def

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