Jackson v. Tesla Motors, Inc.
Jackson v. Tesla Motors, Inc.
Trial Court Opinion
1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Delvon Jackson, Case No.: 2:24-cv-01978-CDS-BNW
5 Plaintiff Order Denying Plaintiff’s Motion for Entry of Default and Motion for Default Judgment 6 v.
7 Tesla Motors, Inc., et al., [ECF Nos. 10, 11] 8 Defendants
9 10 Plaintiff Delvon Jackson, proceeding pro se, initiated this action against defendants Tesla 11 Motors, Inc., Harco National Insurance Company, and International Fidelity Insurance 12 Company without paying the filing fee or filing an application to proceed in forma pauperis (IFP). 13 ECF No. 1. Therefore, United States Magistrate Judge Brenda Weksler ordered Jackson to 14 complete an application or pay the filing fee. Order, ECF No. 3. Jackson ultimately complied by 15 submitting an IFP application on December 10, 2024. IFP, ECF No. 5. Now, Jackson moves for 16 the entry of default and default judgment against Tesla Motors, Inc. ECF No. 10, 11. But because 17 Jackson’s motions are premature, they are denied. 18 I. Discussion 19 Under
28 U.S.C. § 636, magistrate judges are assigned the responsibility of screening IFP 20 complaints to alleviate the burden on the federal judiciary.
28 U.S.C. § 636(b)(1)(A). All 21 complaints filed with an IFP application are screened under
28 U.S.C. § 1915(e) to weed out 22 claims and cases that are frivolous, seek unauthorized relief, or fail to state a claim on which 23 relief may be granted.
28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith,
203 F.3d 1122, 1129(9th Cir. 2000) 24 (“[S]ection 1915(e) applies to all in forma pauperis complaints, not just those filed by 25 prisoners.”). The court has not yet screened Jackson’s complaint; therefore, no defendant has 26 been served and no responsive pleading is due. Cranford v. Smith,
2013 WL 6503301, at *1–2 (E.D. 1| Cal. Dec. 11, 2013) (denying plaintiff's motion for default judgment as premature because defendant had not yet been served). Jackson is advised that until the magistrate judge issues an order, or a report and recommendation, upon screening the complaint, default is procedurally 4|| premature. II. Conclusion 6 IT IS THEREFORE ORDERED that Jackson’s motion for entry of default and motion for 7|| default judgment [ECF Nos. 10, 11] are DENIED as premature. 8 Dated: May 27, 2025 J, / 4s 10 Cristi ye 4 Unite! tates District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Reference
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