Love
Love v. Mustafa
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SAMUEL LOVE, Case No. 20-cv-02071-PJH (AGT)
Plaintiff,
ORDER ADOPTING MAGISTRATE
v. JUDGE'S REPORT AND
RECOMMENDATION
RAED MUSTAFA, Re: Dkt. No. 21 Defendant.
12 The court has reviewed Magistrate Judge Alex G. Tse’s Report and Recommendation Re: Plaintiff’s Motion for Default Judgment. The court finds the Report correct, well-reasoned and thorough, and adopts it in every respect. Federal Rule of Civil Procedure 55(b)(2) permits a court, following default by a defendant, to enter default judgment in a case. “The district court’s decision whether to enter default judgment is a discretionary one.” Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980). “However, necessary facts not contained in the pleadings, and claims which are legally insufficient, are not established by default.” Cripps v. Life Ins. Co. of N. Am., 980 F.2d 1261, 1267 (9th Cir. 1992). Plaintiff’s complaint, as described by Judge Tse, is not…