(PC) Aguirre v. Smith

Good Law
United States District Court, Eastern District of CaliforniaNovember 9, 20231:22-cv-01078California436 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 AARON AGUIRRE, Case No. 1:22-cv-01078 JLT EPG (PC)

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS THAT PLAINTIFF’S

v.

REQUEST FOR ENTRY OF DEFAULT BE

OFFICER D. SMITH, et al., DENIED

Defendants. (Docs. 18, 25)

16 Aaron Aguirre seeks to hold the defendants liable for violations of his civil rights pursuant to 42 U.S.C. § 1983. Plaintiff moved for default against Defendants D. Smith and N. Gonzalez. (Doc. 18.) Gonzalez opposed default and requested an extension of time to file a responsive pleading. (Doc. 21.) Smith joined in the opposition. (Docs. 22, 23.) Gonzalez and Smith then responded to the complaint by filing a motion to dismiss. (Doc. 24.) On October 3, 2023, the magistrate judge observed that the defendants have now appeared in the action and indicated an intent to defend the claims raised against them. (Doc. 25 at 5.) The magistrate judge noted default is disfavored and found that “Plaintiff was…

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