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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL C. SCHOOL,

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No. 2:17-cv-02156 JAM CKD (PS)

Plaintiff,
v.

ORDER

BICE, et al.,
Defendants.

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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

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defendants failed to timely respond to the complaint. (ECF No. 7.) Defendants oppose the

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motion, noting that they filed a responsive pleading in the form of a motion to dismiss on

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November 13, 2017. (ECF No. 9.) Defendants further argue that plaintiff’s motion fails to meet

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the requirements for default judgments set forth in Federal Rule of Civil Procedure 55(b)(1) or

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(2). Because plaintiff has not shown entitlement to a default judgment under the relevant federal

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rules, the court will deny this motion.

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Also on November 27, 2017, plaintiff filed a “motion to strike,” arguing that “the State

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Attorney General’s Office cannot represent the 4 named Defendants” due to a conflict of interest

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with the court, a federal agency. (ECF No. 8.) This motion is frivolous and will also be denied.
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On December 14, 2017, plaintiff filed a motion seeking an order deeming certain facts

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true and imposing monetary sanctions. (ECF No. 11.) This motion is also frivolous and will be

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denied.

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Plaintiff’s filing of frivolous motions is a burden on this court and impedes the proper

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prosecution of this action. If plaintiff continues to file frivolous motions, the court will issue an

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order limiting plaintiff to filing certain documents, such as one non-dispositive motion pending at

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any time.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1. Plaintiff’s motion for default judgment (ECF No. 7) is denied;

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2. Plaintiff’s motion to strike (ECF No. 8) is denied; and

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3. Plaintiff’s motion for an order (ECF No. 11) is denied.

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Dated: February 12, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/school2156.order

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