(PS) Davis v. Jacques et al

Filing 25

ORDER signed by District Judge Dale A. Drozd on 07/08/24 ADOPTING 19 Findings and Recommendations in full and DENYING 12 Motion for Default Judgment. (Licea Chavez, V)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EARON DREVON DAVIS, 12 13 14 15 Plaintiff, v. MICHAEL A. JACQUES, et al., ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT Defendants. (Doc. Nos. 12, 19) 16 17 No. 2:23-cv-01230-DAD-JDP (PS) Plaintiff Earon Drevon Davis, proceeding pro se, initiated this civil action on June 27, 18 2023. (Doc. No. 1.) This matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 4, 2024, the assigned magistrate judge issued findings and recommendations 21 recommending that plaintiff’s motion for default judgment (Doc. No. 12) be denied as premature 22 because defendants have not been served with the summons and complaint in this action. (Doc. 23 No. 19.) Those findings and recommendations were served on plaintiff and contained notice that 24 any objections thereto were to be filed within fourteen (14) days from the date of service. (Id. at 25 3.) To date, no objections have been filed, and the time in which to do so has now passed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 27 de novo review of the case. Having carefully reviewed the entire file, the court finds the findings 28 and recommendations to be supported by the record and by proper analysis. 1 1 Accordingly, 2 1. 3 The findings and recommendations issued on June 4, 2024 (Doc. No. 19) are adopted in full; and Plaintiff’s motion for default judgment (Doc. No. 12) is denied. 4 2. 5 IT IS SO ORDERED. 6 Dated: July 8, 2024 DALE A. DROZD UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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