Spruiell v. Graves et al

Filing 36

ORDER DENYING PLAINTIFF'S REQUEST FOR DEFAULT JUDGMENT AGAINST DEFENDANT NAVARRO by Magistrate Judge Donna M. Ryu. (ig, COURT STAFF) (Filed on 9/8/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAMEIN DION SPRUIELL,

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Plaintiff,
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v.

United States District Court
Northern District of California

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R. GRAVES, et al.,

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Case No. 16-cv-05385-DMR (PR)

ORDER DENYING PLAINTIFF’S
REQUEST FOR DEFAULT
JUDGMENT AGAINST
DEFENDANT NAVARRO

Defendants.
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This matter is presently before the court on Plaintiff’s pro se request for a default judgment

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against Defendant R. Navarro.1 Dkt. 34. Plaintiff claims that Defendant Navarro has not yet

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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

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entered “[w]hen a party against whom affirmative relief is sought has failed to plead or otherwise

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defend as provided by these rules.” Fed. R. Civ. P. 55(a). Rule 55(b)(2) provides that the court

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may grant a default judgment after default has been entered by the Clerk of the Court. Fed. R.

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Civ. P. 55(b)(2). Default judgments are generally disfavored, and “[c]ases should be decided upon

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their merits whenever reasonably possible.” Eitel v. McCool, 782 F.2d 1470, 1472 (9th Cir.

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1986).
Here, a default judgment against Defendant Navarro cannot be entered unless there is first

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a default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. See Fed. R. Civ. P.

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55(b)(2). No such default has been entered against Defendant Navarro. In addition, in a separate

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Plaintiff and the served Defendants have consented to magistrate judge jurisdiction in this matter.
Dkt. 1 at 6; Dkt. 32.

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written order, the court has acknowledged that Defendant Navarro remains unserved, and directed

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the Clerk to reissue service on this Defendant. Accordingly, Plaintiff’s request for default

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judgment against Defendant Navarro is DENIED. Dkt. 34.

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This Order terminates Docket No. 34.

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IT IS SO ORDERED.

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Dated: September 8, 2017
______________________________________
DONNA M. RYU
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAMEIN DION SPRUIELL,

Case No. 4:16-cv-05385-DMR

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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R. GRAVES, et al.,
Defendants.

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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

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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.

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Damein Dion Spruiell ID: T-70693
Pelican Bay State Prison
P.O. Box 7500
Crescent City, CA 95531

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Dated: September 8, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU

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