Newsom

(PC) Gardner v. Newsom

Good Law
United States District Court, Eastern District of CaliforniaJanuary 22, 20211:20-cv-00240California528 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RONDEL DELBERT GARDNER, ) Case No.: 1:20-cv-00240-NONE-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATION v. ) RECOMMENDING PLAINTIFF’S MOTION

FOR DEFAULT JUDGMENT BE

GAVIN NEWSOM, et.al., ) DENIED ) Defendants. ) (ECF No. 68) ) )

Plaintiff Rondel Delbert Gardner is proceeding in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion for default judgment, filed January 21, 2021. I. DISCUSSION Here, as best the Court can decipher, Plaintiff seeks entry of default judgment as to his alleged due process claim. Plaintiff’s motion is deficient both procedurally and substantively. Procedurally, obtaining a default judgment requires adherence to a two-step process. Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). A party seeking a default…

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