Spruiell v. Graves et al

Filing 36


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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 DAMEIN DION SPRUIELL, 9 Plaintiff, 10 v. United States District Court Northern District of California 11 R. GRAVES, et al., 12 Case No. 16-cv-05385-DMR (PR) ORDER DENYING PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT AGAINST DEFENDANT NAVARRO Defendants. 13 This matter is presently before the court on Plaintiff’s pro se request for a default judgment 14 15 against Defendant R. Navarro.1 Dkt. 34. Plaintiff claims that Defendant Navarro has not yet 16 answered his complaint, and thus he is entitled to default judgment. Id. at 1-2. Under Rule 55 of the Federal Rules of Civil Procedure, judgment by default may be 17 18 entered “[w]hen a party against whom affirmative relief is sought has failed to plead or otherwise 19 defend as provided by these rules.” Fed. R. Civ. P. 55(a). Rule 55(b)(2) provides that the court 20 may grant a default judgment after default has been entered by the Clerk of the Court. Fed. R. 21 Civ. P. 55(b)(2). Default judgments are generally disfavored, and “[c]ases should be decided upon 22 their merits whenever reasonably possible.” Eitel v. McCool, 782 F.2d 1470, 1472 (9th Cir. 23 1986). Here, a default judgment against Defendant Navarro cannot be entered unless there is first 24 25 a default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 26 55(b)(2). No such default has been entered against Defendant Navarro. In addition, in a separate 27 1 28 Plaintiff and the served Defendants have consented to magistrate judge jurisdiction in this matter. Dkt. 1 at 6; Dkt. 32. 1 written order, the court has acknowledged that Defendant Navarro remains unserved, and directed 2 the Clerk to reissue service on this Defendant. Accordingly, Plaintiff’s request for default 3 judgment against Defendant Navarro is DENIED. Dkt. 34. 4 This Order terminates Docket No. 34. 5 IT IS SO ORDERED. 6 7 8 Dated: September 8, 2017 ______________________________________ DONNA M. RYU United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 DAMEIN DION SPRUIELL, Case No. 4:16-cv-05385-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 R. GRAVES, et al., Defendants. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on September 8, 2017, 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. 16 17 18 Damein Dion Spruiell ID: T-70693 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95531 19 20 Dated: September 8, 2017 21 22 Susan Y. Soong Clerk, United States District Court 23 24 25 26 27 By:________________________ Ivy Lerma Garcia, Deputy Clerk to the Honorable DONNA M. RYU 28 3

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