(PC) Vaught v. Clark et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/18/11 DENYING #25 Motion for default judgment; Clerk of Court is directed to assign a district judge to this case. United States District Judge Morrison C. England, Jr. has been randomly assigned to this case.(Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ELBERT LEE VAUGHT, IV
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Plaintiff,
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No. CIV S-09-3422 CKD P
vs.
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D. CLARK, et al.
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Defendant.
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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action under 42
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U.S.C. ยง 1983. He has moved for a default judgment against defendant Davey, alleging that
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Davey has failed to respond to the complaint. In fact, Davey has responded to the complaint by
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joining the motion to dismiss filed September 10, 2010. See Docket No. 22. Under Federal Rule
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of Civil Procedure 12(b), a defendant may move to dismiss all claims against him in lieu of filing
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an answer. There is no basis for entering default against defendant Davey. Therefore the motion
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for default judgment shall be dismissed. The court will render a decision on the motion to
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dismiss forthwith.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The motion for default judgment (Docket No. 25) is denied.
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2. The Clerk of Court is directed to assign a district judge to this case.
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Dated: November 18, 2011
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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vaug3422.ord
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