Mubiru

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 FRANK K MUBIRU, Case No. 1:23-cv-01597-SAB

12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR ENTRY OF DEFAULT

13 v. (ECF No. 10) 14 WELLS FARGO BANK, N.A.,

15 Defendant.

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17 Plaintiff Frank K. Mubiru filed this action on November 13, 2023, against Defendant Wells 18 Fargo Bank, N.A. (ECF No. 1.) On February 21, 2024, Plaintiff filed proof of service on 19 Defendant. (ECF No. 6.) On February 27, 2024, Defendant filed an answer to Plaintiff’s 20 complaint including proof of service. (ECF Nos. 8, 9.) On March 8, 2024, Plaintiff filed a motion 21 for entry of default. (ECF No. 10.) 22 Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a two-step 23 process. Yue v. Storage Technology Corp., No. 3:07-cv-05850, 2008 WL 361142, *2 (N.D. Cal. 24 Feb. 11, 2008). Entry of default is appropriate as to any party against whom a judgment for 25 affirmative relief is sought that has failed to plead or otherwise defend as provided by the Federal 26 Rules of Civil Procedure and where that fact is made…