Giddens v. City of Suisun et al
Filing
69
ORDER signed by Magistrate Judge Allison Claire on 1/27/2017 DENYING 67 Motion for Default Judgment. The hearing on this motion, currently scheduled for 2/1/2017, is VACATED. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RICHARD GIDDENS,
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No. 2:14-cv-0943 AC TLN (PS)
Plaintiff,
v.
ORDER
SUISUN CITY, et al.,
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Defendants.
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Plaintiff is proceeding pro se in this case. The case was accordingly referred to the
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undersigned by E.D. Cal. R. (“Local Rule”) 302(c)(21). Plaintiff has filed a second “Motion for
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Default Judgment” against Brandon Jamal Bluford. ECF No. 67; see ECF No. 52.
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Plaintiff’s motion is defective, because it was not preceded by the entry of a “default” by
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the Clerk of the Court pursuant to Fed. R. Civ. P. 55(a). The court advised plaintiff of this same
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defect when he filed his first motion for default judgment. See ECF No. 53. Plaintiff should not
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file another motion for default judgment unless and until the Clerk of the Court has entered a
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“default.” Fed. R. Civ. P. 55(a), (b)(2); see Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986)
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(distinguishing Clerk’s entry of default under Rule 55(a) from court’s entry of default judgment
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under Rule 55(b)).
Accordingly, IT IS HEREBY ORDERED that
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1.
Plaintiff’s second Motion for Default Judgment (ECF No. 67), is DENIED without
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prejudice to its renewal in proper form; and
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The hearing on this motion, currently scheduled for February 1, 2017, is VACATED.
DATED: January 27, 2017
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