Tagle v. State of Nevada et al

Filing 26

ORDER denying 21 Motion for Default Judgment. Signed by Judge James C. Mahan on 4/20/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VICTOR TAGLE,

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Case No. 2:15-CV-2082 JCM (VCF)
Plaintiff(s),

ORDER

v.
STATE OF NEVADA,

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Defendant(s).

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Presently before the court is pro se plaintiff Victor Tagle’s motion for default. (ECF No.
21). Defendants filed a response (ECF No. 23), and plaintiff filed a reply (ECF No. 24).

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Federal Rule of Civil Procedure 55(a) states: “When a party against whom a judgment for

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affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by

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affidavit or otherwise, the clerk must enter the party’s default.”

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Upon review of the instant motion, plaintiff clearly seeks default without providing any

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non-conclusory basis in fact for such action. (ECF No. 21). Further, defendants have been active

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litigants in this case. See (ECF Nos. 9, 16).

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion for

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James C. Mahan
U.S. District Judge

default (ECF No. 21) be, and the same hereby is, DENIED.
DATED April 20, 2017.
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UNITED STATES DISTRICT JUDGE