Moreno

(PC) Puckett v. Moreno

Good Law
United States District Court, Eastern District of CaliforniaAugust 21, 20232:22-cv-00650California438 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DURRELL ANTHONY PUCKETT, Case No. 2:22-cv-00650-WBS-JDP (PC) Plaintiff, v. FINDINGS & RECOMMENDATIONS D. MORENO, et al., Defendants. 16 Plaintiff, a state inmate proceeding pro se, has filed two motions for default judgment against defendant Haynes. ECF Nos. 23 & 26. Obtaining a default judgment is a two-step process governed by Rule 55 of the Federal Rules of Civil Procedure. Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). First, the moving party must seek an entry of default from the Clerk of Court. Fed. R. Civ. P. 55(a). Then, after the Clerk of Court enters default, a party must separately seek entry of default judgment from the court in accordance with Rule 55(b). Because plaintiff has not obtained entry of default from the Clerk of Court against defendant Haynes, which is a prerequisite for obtaining default judgment under Rule 55(a), plaintiff’s motions are construed as requests for entry of default and should…

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