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)

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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

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