Love v. Mustafa ( 2021 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SAMUEL LOVE, Case No. 20-cv-02071-PJH (AGT) 8 Plaintiff, ORDER ADOPTING MAGISTRATE 9 v. JUDGE'S REPORT AND RECOMMENDATION 10 RAED MUSTAFA, Re: Dkt. No. 21 Defendant. 11 12 13 The court has reviewed Magistrate Judge Alex G. Tse’s Report and 14 Recommendation Re: Plaintiff’s Motion for Default Judgment. The court finds the Report 15 correct, well-reasoned and thorough, and adopts it in every respect. 16 Federal Rule of Civil Procedure 55(b)(2) permits a court, following default by a 17 defendant, to enter default judgment in a case. “The district court’s decision whether to 18 enter default judgment is a discretionary one.” Aldabe v. Aldabe, 616 F.2d 1089, 1092 19 (9th Cir. 1980). “However, necessary facts not contained in the pleadings, and claims 20 which are legally insufficient, are not established by default.” Cripps v. Life Ins. Co. of N. 21 Am., 980 F.2d 1261, 1267 (9th Cir. 1992). 22 Plaintiff’s complaint, as described by Judge Tse, is not well-pled. Although 23 defendant’s default has been entered by the Clerk, the factual allegations of Plaintiff’s 24 complaint must support a judgment. Thus, if plaintiff hopes to secure a judgment, he 25 must cure the deficiencies noted in Judge Tse’s Report and Recommendation. 26 Plaintiff’s motion for default judgment is DENIED WITHOUT PREJUDICE. The 27 deadline for Plaintiff to file an amended complaint, serve it on defendant, and submit a 1 thereafter file a revised motion for default judgment. 2 IT IS SO ORDERED. 3 Dated: February 8, 2021 4 /s/ Phyllis J. Hamilton__________________ PHYLLIS J. HAMILTON 5 United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27