UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
July 29, 2009
ESTER BURNETT, PLAINTIFF,
DR. DUGAN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
AMENDED ORDER DENYING MOTION FOR DEFAULT JUDGMENT [doc. #41]
Plaintiff Ester Burnett, appearing pro se, moves for default judgment against defendants Dugan and Hawthorne contending that default has been entered against them. (Motion at 2.)*fn1
Plaintiff is incorrect. Default has not been entered against these defendants. Neither defendant Dugan nor Kinji Hawthorne has been served*fn2 with the first amended complaint. Defendants Nasaria Barreras, Dev Khatri, M. Fraze and Victor Almager timely filed a motion to dismiss the first amended complaint [doc. #34]
Based on the foregoing, plaintiff's motion for default judgment against defendants Dugan and Kinji Hawthorne is without a legal or factual basis. Accordingly, plaintiff's motion for default judgment is DENIED.
IT IS SO ORDERED.
HON. PETER C. LEWIS UNITED STATES MAGISTRATE JUDGE