IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 9, 2013
VANCE EDWARD JOHNSON, PLAINTIFF,
R. JANZEN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
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.