Demerson v. Woodford et al

Filing 117

ORDER signed by Magistrate Judge Sheila K. Oberto on 11/2/2011 discharging 91 Order to Show Cause; granting 101 , 107 Motions for entry of default against Defendant Gregory and directing Clerk to serve courtesy copy of order on SATF Litigation Office and CDCR Legal Affairs. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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EDWARD DEMERSON,

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CASE NO. 1:08-cv-00144-LJO-SKO PC

Plaintiff,

ORDER DISCHARGING ORDER TO SHOW
CAUSE

v.
(Doc. 91)

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JEANNE S. WOODFORD, et al.,

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Defendants.

ORDER GRANTING PLAINTIFF’S MOTIONS
FOR ENTRY OF DEFAULT AGAINST
DEFENDANT GREGORY, AND
DIRECTING CLERK’S OFFICE TO SERVE
COURTESY COPY OF ORDER ON SATF
LITIGATION OFFICE AND CDCR LEGAL
AFFAIRS

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(Docs. 101 and 107)
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/

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Plaintiff Edward Demerson, a state prisoner proceeding pro se, filed this civil rights action

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pursuant to 42 U.S.C. § 1983 on January 29, 2008. On June 8, 2011, the Court ordered Defendants

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Gregory and Hillard to show cause why default should not be entered against them for failing to

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respond to Plaintiff’s second amended complaint. Defendant Hillard responded to the order and filed

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a motion to dismiss. Defendant Gregory did not respond and Plaintiff subsequently filed a motion

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for entry of default against on July 18, 2011, and an amended motion for entry of default on August

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15, 2011.

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“When a party against whom a judgment for affirmative relief is sought has failed to plead

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or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the

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party’s default.” Fed. R. Civ. P. 55(a). Here, the United States Marshal certified that on May 12,
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2011, personal service was effected on Defendant Gregory via Francisco Villa, Office Technician

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at SATF. (Doc. 85.) Despite service of the order to show cause on the other defendants’ attorney

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of record, the Litigation Office at the California Substance Abuse Treatment Facility (SATF), and

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the Legal Affairs Division of the California Department of Corrections and Rehabilitation (CDCR),

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Defendant Gregory did not respond to the order to show cause or file a response to Plaintiff’s second

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amended complaint. Given the evidence that personal service was effected, default must be entered

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against Defendant Gregory. Fed. R. Civ. P. 55(a).

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Accordingly, it is HEREBY ORDERED that:

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The order to show cause filed on June 8, 2011, is DISCHARGED;

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2.

Plaintiff’s motions for entry of default are GRANTED and the Clerk of the Court

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shall enter default against Defendant Gregory; and

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3.

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As a courtesy, the Clerk of the Court is DIRECTED to serve a copy of this order on
the Litigation Office at SATF and the Legal Affairs Division of CDCR.

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IT IS SO ORDERED.

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Dated:
ie14hj

November 2, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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