Bevins #267562 v. Richardson et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Ryan September Wednesday Bevins,
Plaintiff,
v.
Unknown Richardson, et al.,
Defendants.
No. CV-24-08061-PCT-JJT
ORDER
At issue is the Report and Recommendation (Doc. 25, “R&R“) from United States
Magistrate Judge Alison S. Bachus recommending that the court grant Defendant
Richardson‘s Motion to set aside the Clerk’s prior entry of default in this matter (Doc.22).
Plaintiff never responded to the motion, and therefore can be deemed to acquiesce in the
granting of the motion pursuant to LRCiv 7.2(i). Judge Bachus nonetheless independently
analyzed Defendant‘s Motion on its merits and concluded that it met the standard to find
good cause to grant it. She so recommends to this Court.
In the R&R, Judge Bachus warned the parties that they had two weeks from its entry
to file any objections thereto, and if none were filed, this Court was free to accept the
recommendation without further analysis. (R&R at 12-13.) More than six weeks have now
passed since the entry of the R&R, and Plaintiff has filed no objections, timely, or
otherwise. The Court is thus free to accept the recommendations. It nonetheless also
evaluates the Motion on its merits, and upon so doing, concludes that the good cause
standard as set forth in United States v. Signed Personal Check No. 730 of Yubran S. Mesle,
Case 3:24-cv-08061-JJT Document 26 Filed 02/09/26 Page 1 of 2

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615 F.3d 1085, 1091 (9th Cir. 2010), has been met. The Court finds defendant Richardson
engaged in no culpable conduct that led to the default; that he presents meritorious
procedural defense and an arguable merits defense; and that reopening the default would
not prejudice Plaintiff. It therefore will adopt the R&R in whole and grant the Motion.
IT IS ORDERED adopting the R&R (Doc. 25) entered in this matter by Judge
Bachus, including its reasoning.
IT IS FURTHER ORDERED granting Defendant Richardson’s Motion at Doc.
22. The Court directs the Clerk to set aside its entry of default as to Defendant Richardson,
found at Doc. 19.
IT IS FURTHER ORDERED allowing Defendant Richardson to file an Answer
or other responsive pleading within three weeks of entry of this Order.
Dated this 6th day of February, 2026.
Honorable John J. Tuchi
United States District Judge
Case 3:24-cv-08061-JJT Document 26 Filed 02/09/26 Page 2 of 2