School v. Bice, et al.,

Filing 21

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/12/2018 DENYING 7 Motion for Default Judgment; DENYING 8 Motion to Strike; DENYING 11 Motion for Order. (Washington, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL C. SCHOOL, 12 13 14 15 No. 2:17-cv-02156 JAM CKD (PS) Plaintiff, v. ORDER BICE, et al., Defendants. 16 17 18 19 Defendants’ amended motion to dismiss the instant action is set for hearing February 14, 2018. Before the court are three pending motions by plaintiff. On November 27, 2017, plaintiff filed a motion for default judgment, alleging that 20 defendants failed to timely respond to the complaint. (ECF No. 7.) Defendants oppose the 21 motion, noting that they filed a responsive pleading in the form of a motion to dismiss on 22 November 13, 2017. (ECF No. 9.) Defendants further argue that plaintiff’s motion fails to meet 23 the requirements for default judgments set forth in Federal Rule of Civil Procedure 55(b)(1) or 24 (2). Because plaintiff has not shown entitlement to a default judgment under the relevant federal 25 rules, the court will deny this motion. 26 Also on November 27, 2017, plaintiff filed a “motion to strike,” arguing that “the State 27 Attorney General’s Office cannot represent the 4 named Defendants” due to a conflict of interest 28 with the court, a federal agency. (ECF No. 8.) This motion is frivolous and will also be denied. 1 1 On December 14, 2017, plaintiff filed a motion seeking an order deeming certain facts 2 true and imposing monetary sanctions. (ECF No. 11.) This motion is also frivolous and will be 3 denied. 4 Plaintiff’s filing of frivolous motions is a burden on this court and impedes the proper 5 prosecution of this action. If plaintiff continues to file frivolous motions, the court will issue an 6 order limiting plaintiff to filing certain documents, such as one non-dispositive motion pending at 7 any time. 8 Accordingly, IT IS HEREBY ORDERED THAT: 9 1. Plaintiff’s motion for default judgment (ECF No. 7) is denied; 10 2. Plaintiff’s motion to strike (ECF No. 8) is denied; and 11 3. Plaintiff’s motion for an order (ECF No. 11) is denied. 12 Dated: February 12, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 2/school2156.order 19 20 21 22 23 24 25 26 27 28 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?