Avalos
Smith v. Avalos
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARQUELL SMITH, Case No.: 20cv1534-JAH(LR)
CDCR #H-83007
ORDER DENYING PLAINTIFF’S
MOTION FOR DEFAULT
Plaintiff,
JUDGMENT
v. [ECF No. 45] MS. AVALOS, Law Library Coordinator; JOHN/JANE DOE, Medical Supervisor;
JOHN/JANE DOE,
17 Defendants.
19 Plaintiff Marquell Smith (“Plaintiff”), a prisoner proceeding pro se in this civil 20 rights action pursuant to 42 U.S.C. § 1983, moved for default judgment pursuant to 21 Federal Rule of Civil Procedure 55(a), (b)(1), or (b)(2) against Defendant Frances Abalos 22 (“Defendant Abalos”) for “ignoring the [Court’s] specific orders” on October 18, 2023.1 23 (See ECF No. 45 at 1.) Defendant Abalos filed an opposition to Plaintiff’s motion on 24 October 20, 2023. (ECF No. 48.) For the reasons stated below, Plaintiff’s motion is 25 26 1 Although Plaintiff appears to have prepared and filed his motion for default judgment in the prison mail system on October 8, 2023, the filing did not appear on the Court’s…