Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Vance Edward Johnson v. R. Janzen

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 9, 2013

VANCE EDWARD JOHNSON, PLAINTIFF,
v.
R. JANZEN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding without counsel. On December 18, 2012, plaintiff filed a motion for entry of default, which the clerk declined to enter on December 20, 2012. Defendant Janzen filed an answer to plaintiff's amended complaint on June 30, 2011. (Dkt. No. 18.) On December 21, 2012, the court granted defendant's request to re-file the motion for summary judgment, and found the motion for summary judgment was timely filed. Thus, entry of default was not appropriate.

On December 27, 2012, plaintiff filed a motion for default judgment. However, because default is inappropriate and has not been entered, plaintiff's motion for default judgment is premature, and is therefore denied without prejudice.*fn1

Accordingly, IT IS HEREBY ORDERED that plaintiff's December 27, 2012 motion (dkt. no. 59) is denied without prejudice.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.