Gregorio Funtanilla v. Williams et al

Filing 48

ORDER signed by Magistrate Judge Dennis L. Beck on 3/25/2013 directing Clerk of Court to enter Default against Defendant, Roman W. Williams re 39 , 46 . (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORIO FUNTANILLA, JR.,

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Plaintiff,
v.
ROMAN W. WILLIAMS, et al.,

Case No. 1:10-cv-01624-DLB PC
ORDER DIRECTING CLERK OF THE
COURT TO ENTER DEFAULT AGAINST
DEFENDANT ROMAN W. WILLIAMS
ECF Nos. 39, 46

Defendants.

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Plaintiff Gregorio Funtanilla, Jr. (“Plaintiff”) is a California state prisoner proceeding pro se

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in this civil action filed pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s First

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Amended Complaint against Defendants Williams, Manson, Lias, Gomez, Clark, Adams, Turner,

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Grannis, Santoro, and Ibarra for violation of the Free Exercise Clause of the First Amendment and

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the Religious Land Use and Institutionalized Persons Act of 2000. On April 26, 2012, Plaintiff filed

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the summons served on Defendant Williams. The summons was personally served on Defendant

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Roman W. Williams on April 12, 2012. ECF No. 39. Pursuant to Rule 12(a)(1) of the Federal Rules

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of Civil Procedure, Defendant Williams was required to respond or otherwise defend against the

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complaint within twenty-one days from the date of service of the summons and complaint. As of the

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date of this order, Defendant has not filed a responsive pleading or otherwise responded. On March

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13, 2013, Plaintiff requested an entry of default against Defendant Williams. ECF No. 46. The

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matter is submitted pursuant to Local Rule 230(l).
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“When a party against whom a judgment for affirmative relief is sought has failed to plead or

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

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default.” Fed. R. Civ. P. 55(a). Here, the return of service indicates that Defendant Williams

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received service of the complaint and summons, but has failed to file a responsive pleading.

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Defendant Williams has thus failed to plead or otherwise defend in this action. Accordingly, the

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Clerk of the Court is directed to enter default against Defendant Roman W. Williams.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

March 25, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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3b142a

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