(PS) Rhuma et al v. State of Libya, No. 2:2013cv02286 - Document 21 (E.D. Cal. 2014)

Court Description: ORDER ADOPTING 18 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Lawrence K. Karlton on 6/5/2014. Plaintiffs' 15 Application for Default Judgment is DENIED. Clerk directed to SET ASIDE the 11 Default entered against defendant State of Libya. This matter is REFERRED BACK to Magistrate Judge Claire for further proceedings. (Marciel, M)

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(PS) Rhuma et al v. State of Libya Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AHMED T. RHUMA, ETAL., 12 13 14 15 No. 2:13-cv-2286 LKK AC PS Plaintiffs, v. ORDER STATE OF LIBYA, Defendant. 16 17 18 19 Plaintiffs are proceeding in this action in pro per. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(19). On April 24, 2014, the magistrate judge filed findings and recommendations herein which 20 were served on plaintiffs and which contained notice that any objections to the findings and 21 recommendations were to be filed within fourteen days. Plaintiffs have filed objections to the 22 findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 25 court finds the findings and recommendations to be supported by the record and by proper 26 analysis. In addition, because the magistrate judge correctly finds that plaintiffs have failed to 27 properly serve defendant State of Libya, the sole defendant in this action, the Clerk of the Court 28 will be directed to set aside the default entered against said defendant on February 3, 2014. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 24, 2014, are adopted in full; 3 2. Plaintiffs’ March 12, 2014 application for default judgment (ECF No. 15) is denied; 4 3. The Clerk of the Court is directed to set aside the default entered against defendant 5 6 7 State of Libya on February 3, 2014; and 4. This matter is referred back to the assigned magistrate judge for further proceedings. DATED: June 5, 2014. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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