Filed: Sep. 14, 2017
Latest Update: Sep. 14, 2017
Summary: ORDER DEBORAH BARNES , Magistrate Judge . Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. 636(b)(1). On July 12, 2017, the undersigned issued findings and recommendations addressing defendants' partial motion to dismiss. (ECF No. 37.) On September 6, 2017, plaintiff filed a motion for default judgment. (ECF No. 38.) However, as noted by defendants' opposition filed September 14,
Summary: ORDER DEBORAH BARNES , Magistrate Judge . Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. 636(b)(1). On July 12, 2017, the undersigned issued findings and recommendations addressing defendants' partial motion to dismiss. (ECF No. 37.) On September 6, 2017, plaintiff filed a motion for default judgment. (ECF No. 38.) However, as noted by defendants' opposition filed September 14, 2..
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ORDER
DEBORAH BARNES, Magistrate Judge.
Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
On July 12, 2017, the undersigned issued findings and recommendations addressing defendants' partial motion to dismiss. (ECF No. 37.) On September 6, 2017, plaintiff filed a motion for default judgment. (ECF No. 38.) However, as noted by defendants' opposition filed September 14, 2017, a defendant is subject to default judgment for failing to plead or otherwise defend the action. (ECF No. 39 at 3.)
Here, defendants filed a motion for partial dismissal. (ECF No. 30.) Findings and recommendations are currently pending before the assigned District Judge addressing the resolution of defendants' motion for partial dismissal. In this regard, plaintiff's motion for default judgment is improper.
Accordingly, IT IS HEREBY ORDERED that plaintiff's September 6, 2017 motion for default judgment (ECF No. 38) is denied without prejudice.1
FootNotes
1. In this regard, should defendants fail to defend this action and a motion for default judgment become procedurally proper, plaintiff may then re-notice her motion for default judgment. Prior to doing so, plaintiff should review Rule 55 of the Federal Rules of Civil Procedure.
