Gardner v. CDCR et al

Filing 43

ORDER signed by Magistrate Judge Allison Claire on 10/18/2018 DENYING 42 Motion for Default Judgment. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DELBERT RONDEL GARDNER,

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No. 2:17-cv-1921 JAM AC P

Plaintiff,

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v.

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ORDER

CDCR, et al.,

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Defendants.

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On September 29, 2018,1 plaintiff filed a motion for default judgment. ECF No. 42.

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However, this civil rights action was closed on October 3, 2018, after the second amended

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complaint was dismissed without leave to amend. ECF No. 40. Because the court did not order

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the defendants to be served, no defendants are in default.
Accordingly, IT IS HEREBY ORDERED that the motion for default judgment (ECF No.

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42) is denied.

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DATED: October 18, 2018

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Since plaintiff is a prisoner proceeding pro se, he is afforded the benefit of the prison mailbox
rule. Houston v. Lack, 487 U.S. 266, 276 (1988).