Vinson v. California Department of Corrections & Rehabilitation

Filing 20

ORDER RE REQUEST FOR RECONSIDERATION OF DECLINATION OF ENTRY OF DEFAULT. Signed by Judge Maria-Elena James on 9/23/2013. (mejlc2, COURT STAFF) (Filed on 9/23/2013) (Additional attachment(s) added on 9/23/2013: # 1 Certificate/Proof of Service) (mejlc2, COURT STAFF).

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UNITED STATES DISTRICT COURT

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Northern District of California

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HAROLD VINSON,

No. C 13-00699 MEJ
Plaintiff,

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v.

ORDER RE DECLINATION OF
ENTRY OF DEFAULT

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Defendants.
_____________________________________/

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On August 22, 2013, Plaintiff Harold Vinson filed an Application for Default Judgment

15 against California Department of Corrections and Rehabilitation. Dkt. No. 17. On August 28, 2013,
16 the Clerk of Court denied Plaintiff’s Application. Dkt. No. 19. The Clerk’s Office notified the Court
17 that Plaintiff has orally requested reconsideration of the Clerk’s declination of his Application.
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Plaintiff served the summons and complaint by certified mail addressed to the California

19 Department of Corrections to the attention of Jeffrey Beard, Secretary of the CDCR. The Clerk
20 correctly declined to enter default because there is no acknowledgment of receipt of the summons and
21 complaint, as required under section 415.30(a)-(d) of the California Code of Civil Procedure. Thus,
22 the Court finds that the Clerk correctly declined to enter default in this instance.
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Plaintiff may wish to seek assistance from the Legal Help Center, located on the 15th Floor of

24 the Federal Building, 450 Golden Gate Avenue, San Francisco, California, in Room 2796, where
25 Plaintiff may sign up for a free appointment with an attorney who may be able to provide basic legal
26 help, but not legal representation.
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1 The telephone number for scheduling an appointment with the Legal Help Center is [phone].
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IT IS SO ORDERED.

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4 Dated: September 23, 2013
_______________________________
Maria-Elena James
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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