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James Alan Bush 1211 East Santa Clara Avenue #4 San Jose, California 95116 (408) 791-4866 theoknock@gmail.com Plaintiff in pro per

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

JAMES ALAN BUSH,

) ) Plaintiff, ) ) vs. ) ) SUNNYVALE DEPARTMENT OF PUBLIC ) SAFETY, ET AL., ) ) Defendants. ) )

Case No.: 08-CV-01354 LHK MOTION FOR DEFAULT JUDGMENT [Fed. R. Civ. P. 55(b)(2)]

Judge Lucy H. Koh

RELIEF SOUGHT COMES NOW, James Alan Bush, the plaintiff in the above-captioned matter, and hereby moves this Court for entry of default judgment against Defendant, Long Thang Cao, under Rule 55(b)(2) of the Federal Rules of Civil Procedure. Plaintiff requests that the judgment be for a declaration of fact based on the allegations made against the defendant as set forth in the amended complaint in this action, and in all previous actions filed in the Superior Court of California. -1MOTION FOR DEFAULT JUDGMENT

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GROUNDS FOR RELIEF Plaintiff should be granted the relief requested herein against the defendant because: 1. The default of defendant was entered by the court on April 10 th, 2012. 2. Defendant has not appeared in this action, and is not entitled to notice of this application for entry of a default judgment. 3. The amended complaint in this action sets out a valid claim for conspiracy to deprive plaintiff of a protected liberty interest. By virtue of default, the defendant may not challenge any of the factual allegations supporting that claim. 4. The terms of relief sought in the requested judgment are therefore fully justified by law. 5. Defendant is not a minor nor an incompetent person. 6. Attached to this motion is a declaration that complies with the requirements of the Servicemembers Civil Relief Act (50 U.S.C. App. 521), which shows that the defendant is not currently serving in the military. SUPPORTING PAPERS This motion is based on this document and the accompanying declaration, and on all of the pleadings and papers on file in this action, and on whatever evidence and argument is presented at a hearing on this motion. DATED: Tuesday, August 14th, 2012 X James Alan Bush Plaintiff in pro per

-2MOTION FOR DEFAULT JUDGMENT