Ross v. Hetticher et al

Filing 24

ORDER by Judge ARMSTRONG denying 22 Motion for Default Judgment (lrc, COURT STAFF) (Filed on 9/2/2009)

1 2 3 4 5 6 7 8 RONALD LEE ROSS, Plaintiff, vs. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Case No: C 08-4534 SBA ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT Docket 22

MR. MIKE HETTICHER, Local President, 9 American Postal Workers Union, Local 1056, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant.

Plaintiff has filed a pro se motion for default judgment on the ground that Defendant served his Answer without a certificate of service. No default has been entered by the Clerk nor has Plaintiff noticed his motion consistent with the Local Rules. The Court has previously warned Plaintiff although he is representing himself in this action, he is expected to comply with all applicable procedural rules. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). Plaintiff is again warned that the failure to comply with the orders and rules of this Court may be considered grounds for dismissal of the action, with prejudice. See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992). Accordingly, IT IS HEREBY ORDERED THAT Plaintiff's motion for default judgment (Docket 22) is DENIED. IT IS SO ORDERED. Dated: September 1, 2009 ____________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROSS et al, Plaintiff, v. HETTICHER et al, Defendant. / Case Number: CV08-04534 SBA CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 2, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Ronald Lee Ross 725 Walnut Drive Rio Dell, CA 95562 Dated: September 2, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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