McGee v. Milpitas Police Department

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 ANTHONY MCGEE, Case No. 23-cv-02559-VKD

9 Plaintiff, ORDER RE PLAINTIFF'S MOTION 10 v. FOR DEFAULT JUDGMENT PURSUANT TO FED. R. CIV. P. 55(B) 11 MILPITAS POLICE DEPARTMENT, et al., Re: Dkt. No. 61 Defendants. 12

13 14 On September 17, 2025, plaintiff Anthony McGee, who is representing himself, filed a 15 “Motion for Default Judgment Pursuant to Fed. R. Civ. P. 55(b).” Dkt. No. 61. Mr. McGee asks 16 the Court to enter default judgment against defendants “for failure to submit a legally sufficient 17 response to the Complaint.” Id. The Court denies Mr. McGee’s motion for default judgment. 18 Default may be entered against a party who fails to plead or otherwise defend an action. 19 Fed. R. Civ. P. 55(a). After entry of default, a court may, in its discretion, enter default judgment. 20 Fed. R. Civ. P. 55(b)(2); Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980). 21 On October 23, 2023, the Court granted defendants’ Rule 12(b)(6) motion to dismiss 22 plaintiff’s amended complaint without leave to amend. Dkt. No. 43. On October 24, 2023, the 23 Court entered judgment in favor of defendants and against plaintiff. Dkt. No. 44. On November 24 16, 2023, Mr. McGee filed a notice of appeal of “all orders and final judgments in the case” to the 25 U.S. Court of Appeals for the Ninth Circuit. Dkt. No. 50. On March 20, 2025, the Ninth Circuit 26 affirmed this Court’s order and judgment, and on April 11, 2025, issued a mandate accordingly. 27 Dkt. Nos. 54, 55. 1 affirmed on appeal, there is no justification for entry of default judgment against defendants. 2 || Accordingly, the Court denies Mr. McGee’s motion for default judgment. The case remains 3 closed. 4 IT IS SO ORDERED. 5 Dated: September 19, 2025 6 «8 4 Virginia K. DeMarchi 8 United States Magistrate Judge 9 10 11 12

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