Krause
(PC) Robertson v. Krause
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WAYNE JEROME ROBERTSON, No. 2:17-cv-1426 WBS DB P Plaintiff, v. ORDER T. KRAUSE, Defendant. 16 Plaintiff is a state prisoner proceeding with a civil rights action under 42 U.S.C. §1983. Before the court is plaintiff’s motion for default judgement (ECF No. 42) and defendant’s opposition to this motion (ECF No. 43). Plaintiff filed a motion for default judgement on September 30, 2021. (ECF No. 42.) Rule 55 of the Federal Rules of Civil Procedure provides the procedure by which a party can seek default judgement against another party. Prior to a default judgement being entered against a party, the clerk of the court must first enter the default of the party against whom a judgement is sought. See Fed. R. Civ. P. 55(a); Symantec Corp. v. Global Impact, Inc., 559 F.3d 922, 293 (9th Cir. 2009) (identifying the process of obtaining a default judgement as a “two-step process” requiring both the entry of default and the…