Krieg

Krieg v. U.M.C. Hospital

Good Law
217 F. App'x 604
United States Court of Appeals for the Ninth CircuitJanuary 9, 2007No. 04-16825California442 words

Opinion

Lead Opinion

MEMORANDUM **

Harold Brian Krieg appeals pro se from the district court’s grant of summary judgment in favor of University Medical Center (“UMC”) and the denial of all Krieg’s motions, in Krieg’s district court action alleging violations of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681 (u) (“FCRA”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Krieg claims that the district court should have granted his motion to enter default because UMC did not respond to his complaint within twenty days of service, as required by Fed. R.Civ.P. 12(a)(1)(A). We review the denial of the motion for an abuse of discretion. See Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir.1986). “[DJefault judgments are ordinarily disfavored,” and the court was entitled to consider the merits of Krieg’s substantive claim, the sufficiency of his complaint, and the possibility of dispute over material facts. Id. at 1471-72 . The district court did not abuse its discretion in denying the motion for default judgment.

We review the grant of summary judgment de novo, and we may affirm based on any ground supported by the record. See Enlow v. Salem-Keizer Yellow Cab Co., 389 F.3d 802, 811 (9th…

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