Buza v. California Department of Corrections and Rehabilitation

Filing 17

ORDER BY JUDGE JEREMY FOGEL RE PLAINTIFF'S MOTIONS FOR 10 ENTRY OF DEFAULT AND 16 PRO SE FEES. (jflc1, COURT STAFF) (Filed on 6/28/2010)

1 2 **E-Filed 6/28/2010** 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant. On January 25, 2010, Plaintiff Mark S. Buza ("Plaintiff") filed a complaint against Defendant California Department of Corrections and Rehabilitation alleging the following claims for relief: a violation of Plaintiff's Fourth, Fifth, and Fourteenth Amendment rights, pursuant to 42 U.S.C. § 1983; conspiracy to interfere with Plaintiff's constitutional rights, pursuant to 42 U.S.C. § 1985; neglecting to prevent the violation of Plaintiff's constitutional rights, pursuant to 42 U.S.C. § 1986; conspiracy against Plaintiff's constitutional rights; pursuant to 18 U.S.C. § 241; deprivation of rights under color of law, pursuant to 18 U.S.C. § 242; and frauds and swindles, pursuant to 18 U.S.C. § 1341. On April 16, 2010, Plaintiff moved for entry of default and set the motion for hearing on July 2, 2010. Pursuant to Fed. R. Civ. P. 55(a), a motion for entry of default should be directed
Case Number C 10-00326 JF (PVT) ORDER RE PLAINTIFF'S MOTIONS FOR ENTRY OF DEFAULT AND PRO SE FEES.
( JF L C 1 )

MARK S. BUZA, Plaintiff,

Case Number C 10-00326 JF (PVT) ORDER RE PLAINTIFF'S MOTIONS FOR ENTRY OF DEFAULT AND PRO SE FEES. [re: docket nos. 10, 16]

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to the Clerk of the Court. If and when the Clerk enters default, Plaintiff then may move for default judgment. Accordingly, the hearing on the instant motion is VACATED, and the motion for entry of default is referred to the Clerk of the Court. The motion for "pro se fees" that appears to depend on the motion for entry of default is TERMINATED without prejudice.1 A case management conference is hereby scheduled for August 27, 2010 at 10:30 A.M. IT IS SO ORDERED. Dated: June 28, 2010 _____________________________ JEREMY FOGEL United States District Judge

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A motion for "pro se fees" is not supported by legal authority. 2

Case Number C 10-00326 JF (PVT) ORDER RE PLAINTIFF'S MOTIONS FOR ENTRY OF DEFAULT AND PRO SE FEES.
( JF L C 1 )

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This Order has been served upon the following persons: Mark S Buza 1060 Howard Street San Francisco, CA 94103

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Case Number C 10-00326 JF (PVT) ORDER RE PLAINTIFF'S MOTIONS FOR ENTRY OF DEFAULT AND PRO SE FEES.
( JF L C 1 )