Wright

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GHAUS MALIK, No. 2:24-cv-00692 MCE AC 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 ROBERT W. WRIGHT, et al., 15 Defendants. 16 17 Plaintiff, who is proceeding pro se, has filed a motion for default judgment. ECF No. 13. 18 The motion is procedurally improper because there has been no entry of default by the Clerk, 19 pursuant to Fed. R. Civ. P. 55(a). Also, the court notes that all defendants have appeared and 20 their time to file an answer or motion responsive to the complaint has not yet elapsed. Thus, the 21 motion for default judgment must be denied. Plaintiff is informed below of the procedures to be 22 followed in pursuing a default judgment. 23 I. Default Judgment Procedure 24 A party seeking default judgment must first request entry of default from the Clerk’s 25 Office under Fed. R. Civ. P. 55(a). The court Clerk determines whether entry is appropriate by 26 reviewing the requesting party’s request and…