Ford v. Wildey et al

Filing 34

ORDER Denying Plaintiff's Request For Entry Of Default (ECF No. 31 ), signed by Magistrate Judge Stanley A. Boone on 1/17/2014. (Fahrney, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

BENNY FORD,

12

Plaintiff,

13
14

v.
G. WILDEY, et al.,

15

Defendants.

16

ORDER DENYING PLAINTIFF’S REQUEST
FOR ENTRY OF DEFAULT
[ECF No. 31]

pursuant to 42 U.S.C. § 1983.
On December 6, 2013, Plaintiff filed a request for entry of default judgment as to Defendant R.

19
20

Case No.: 1:10-cv-01024-SAB (PC)

Plaintiff Benny Ford is appearing pro se and in forma pauperis in this civil rights action

17
18

)
)
)
)
)
)
)
)
)
)

Marshall.

21

Entry of default is appropriate as to any party against whom a judgment for affirmative relief is

22

sought that has failed to plead or otherwise defend as provided by the Federal Rules of Civil Procedure

23

and where that fact is made to appear by affidavit or otherwise. Fed. R. Civ. P. 55(a). Plaintiff is

24

advised that Defendant R. Marshal waived service on November 19, 2013, and he has sixty days

25

thereafter, i.e. until January 21, 2014, within which to file a response. Accordingly, Plaintiff is not

26

entitled to entry of default as to Defendant R. Marshall, and his motion must be denied.

27

///

28

///
1

1
2

Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion seeking the entry of default,
filed December 6, 2013, is DENIED.

3
4
5
6

IT IS SO ORDERED.
Dated:

January 17, 2014
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2