UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 8, 2010
JERRY SIMPSON, JR., PLAINTIFF,
INTERSCOPE GEFFEN A&M RECORDS, DEFENDANTS.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND MOTION TO SET ASIDE JUDGMENT
(Documents 12, 14)
Plaintiff Jerry Simpson, a state prisoner proceeding pro se, filed the instant copyright infringement action in the Stanislaus County Superior Court on October 4, 2009. Defendant removed the action to this Court on November 3, 2009.
On November 10, 2009, Defendant filed a motion to dismiss the action for failure to state a claim for which relief can be granted. The motion is currently pending.
On December 17, 2009, Plaintiff filed a motion for default judgment. As Defendant has appeared in this action, however, default judgment is not appropriate and the motion is DENIED.
On January 6, 2010, Plaintiff filed a motion to set aside a void judgment. However, judgment has not been entered in this action and his motion is therefore DENIED.
IT IS SO ORDERED.
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