Porter v. Wegman et al

Filing 18

ORDER Denying 17 Request for Entry of Default, signed by Magistrate Judge Dennis L. Beck on 12/20/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BRIAN ELLIS PORTER,

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CASE NO. 1:10-CV-01500-DLB PC

Plaintiff,

ORDER DENYING REQUEST FOR ENTRY
OF DEFAULT

v.
(DOC. 17)

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JAMES YATES, et al.,

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Defendants.
/

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Plaintiff Brian Ellis Porter (“Plaintiff”) is a California state prisoner proceeding pro se

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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is

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proceeding on Plaintiff’s first amended complaint, filed June 3, 2011, against Defendant

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Cherylee Wegman. Pending before the Court is Plaintiff’s request for entry of default, filed

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December 5, 2011. Doc. 17.

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Plaintiff contends that Defendant Cherylee Wegman has failed to answer or otherwise

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respond to Plaintiff’s complaint, and requests an entry of default accordingly. Plaintiff is correct

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that Defendant Cherylee Wegman has not responded. However, Plaintiff is incorrect when he

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asserts that Defendant Wegman has been served. As indicated on the order directing the United

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States Marshal to effect service, after the waiver of service is mailed, Defendant is granted sixty

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days in which to respond. Doc. 16. Additionally, the Marshal has not indicated that service was

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completed. Thus, entry of default against Defendant Wegman at this time is premature.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s request for entry of default, filed

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December 5, 2011, is DENIED.

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IT IS SO ORDERED.
Dated:
3b142a

December 20, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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