Fulford v. Griffith et al

Filing 25

ORDER by Magistrate Judge Maria-Elena James denying #24 Motion for Entry of Default. (Attachments: #1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 4/17/2017)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

FRED FULFORD,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

v.

Case No. 16-cv-00770-MEJ
ORDER DENYING PLAINTIFF'S
REQUEST FOR DEFAULT JUDGMENT
Re: Dkt. No. 24

DON M. GRIFFITH,
Defendant.

12
13

Plaintiff, a California prisoner currently incarcerated at California Medical Facility, filed

14

this pro se civil rights action under 42 U.S.C. § 1983 alleging that Dr. Griffith was deliberately

15

indifferent to his serious medical needs. Now pending before the Court is Plaintiff’s request for

16

entry of default judgment in his favor. Dkt. No. 24. Plaintiff argues that he is entitled to default

17

judgment because Dr. Griffith has failed to file a dispositive motion by the deadline set forth in the

18

Court’s December 29, 2016 Order Denying Motion to Dismiss, Denying Motion to Strike and

19

Setting Briefing Schedule. Plaintiff’s motion is DENIED. Defendant timely filed a dispositive

20

motion on March 30, 2017. Dkt. No. 23.

21

IT IS SO ORDERED.

22
23
24
25
26
27
28

Dated: April 17, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge