Bowin

Securities & Exchange Commission v. Bowin

Good Law
60 F. App'x 151
United States Court of Appeals for the Ninth CircuitMarch 13, 2003No. 02-15751; D.C. No. C-98-20313 JWCalifornia570 words

Opinion

Lead Opinion

MEMORANDUM **

Matthew Bowin appeals pro se the district court’s denial of his motion challenging an entry of default as well as the district court’s judgment of default against him. We have jurisdiction pursuant to 28 U. S.C. § 1291. We review for abuse of discretion an appeal of an entry of default, see Meadows v. Dominican Republic, 817 F.2d 517, 521 (9th Cir.1987), and we affirm.

Bowin has failed to show good cause under Federal Rule of Civil Procedure 55 for his failure to file a timely answer to the SEC’s complaint. Even if we accept Bowin’s assertions that the conditions in the Santa Cruz County Jail precluded him from filing a timely response, he was transferred out of that facility on November 12, 1998. The earliest date by which Bowin could be considered to have answered the complaint was when he moved to set aside the entry of default in September 29,1999, more than ten months after being transferred out of the Santa Cruz County Jail. Bowin provides no explanation for why it took that long to make an appearance. Accordingly, both the entry of default and the default judgment were proper. See Meadows v. Dominican Republic, 817 F.2d 517, 521 (9th Cir.1987) (“If a default…

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