Romesh v. Walker et al

Filing 21

ORDER signed by Magistrate Judge Gregory G. Hollows on 12/1/09 ORDERING that 15 Motion for Default Judgment is DENIED; 17 FINDINGS AND RECOMMENDATIONS are VACATED; Defendants objections 18 are construed as an opposition to plaintiffs motion for injunctive relief; plaintiff is granted 21 days from the date of this order to file a response to defendants opposition.(Dillon, M)

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 vs. JAMES WALKER, et al., Defendants. / On October 23, 2009, the undersigned recommended that plaintiff's unopposed motion for injunctive relief be granted. On November 12, 2009, defendants filed objections to the findings and recommendations. Defendants state that no opposition was filed due to reasons related to the state budget crisis. Good cause appearing, the findings and recommendations are vacated and defendants' objections are construed as an opposition to plaintiff's motion. Plaintiff is granted twenty-one days from the date of this order to file a response to defendants' opposition. On October 7, 2009, plaintiff filed a motion for default judgment. Plaintiff requests that judgment be entered based on defendants' failure to file an opposition to his motion for injunctive relief. ///// 1 ORDER ROMESH KANDA, Plaintiff, No. CIV S-09-2197 MCE GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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 kan2197.vac

Entry of default is not appropriate based on defendants' failure to respond to plaintiff's motion for injunctive relief. See Fed. R. Civ. P. 55. On November 20, 2009, defendants filed a timely answer to the complaint. Accordingly, the motion for default is denied. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's motion for default judgment (no. 15) is denied; 2. The October 23, 2009, findings and recommendations (no. 17) are vacated; 3. Defendants' objections (no. 18) are construed as an opposition to plaintiff's motion for injunctive relief; plaintiff is granted twenty-one days from the date of this order to file a response to defendants' opposition. DATED: December 1, 2009 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE

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