Barrow v. California Medical Facility, Corcoran

Filing 79

ORDER DENYING Plaintiff's 78 Motion for Default Judgment signed by Magistrate Judge Michael J. Seng on 5/16/2013. (Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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RAEKUBIAN A. BARROW,

CASE No. 1:10-cv-00154-LJO-MJS (PC)
ORDER DENYING PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT

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Plaintiff,
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vs.

(ECF No. 78)

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WARDEN CALIFORNIA MEDICAL
FACILITY, CORCORAN, et al.,

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Defendants.
_____________________________/

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Plaintiff Raekubian A. Barrow, a state prisoner proceeding pro se and in forma
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pauperis, filed this civil rights action on February 1, 2010 pursuant to 42 U.S.C. §
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1983. (ECF No. 1.)
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This matter proceeds on Plaintiff’s Second Amended Complaint which states
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an Eighth Amendment excessive force claim against Defendant Martinez. (ECF No.
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32.)
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Pending before the Court is Plaintiff’s Motion for entry of default judgment
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against non-answering defendant. (ECF No. 78.)
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Rule 55(a) of the Federal Rules of Civil Procedure requires that the Clerk of the
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Court enter default “when a party against whom a judgment for affirmative relief is
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sought has failed to plead or otherwise defend, and that failure is shown by affidavit or
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otherwise.” Fed.R.Civ.P. 55(a). Rule 55(b)(2) provides that the Court may grant a

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default judgment after default has been entered by the Clerk of the Court.
Defendant Martinez, who was required to file a responsive pleading by July 16,

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2012 (ECF NO. 44), answered on July 3, 2012. (ECF No. 48.) Plaintiff is not entitled to

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entry of default against Defendant Martinez.
Accordingly, based on the foregoing, it is HEREBY ORDERED that Plaintiff’s

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Motion for entry of default judgment (ECF No. 78) is DENIED.

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IT IS SO ORDERED.

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Dated:
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May 16, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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