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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
GREGORIO FUNTANILLA, JR.,
12
13
14
15
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.
16
17
Plaintiff Gregorio Funtanilla, Jr. (“Plaintiff”) is a California state prisoner proceeding pro se
18
in this civil action filed pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s First
19
Amended Complaint against Defendants Williams, Manson, Lias, Gomez, Clark, Adams, Turner,
20
Grannis, Santoro, and Ibarra for violation of the Free Exercise Clause of the First Amendment and
21
the Religious Land Use and Institutionalized Persons Act of 2000. On April 26, 2012, Plaintiff filed
22
the summons served on Defendant Williams. The summons was personally served on Defendant
23
Roman W. Williams on April 12, 2012. ECF No. 39. Pursuant to Rule 12(a)(1) of the Federal Rules
24
of Civil Procedure, Defendant Williams was required to respond or otherwise defend against the
25
complaint within twenty-one days from the date of service of the summons and complaint. As of the
26
date of this order, Defendant has not filed a responsive pleading or otherwise responded. On March
27
13, 2013, Plaintiff requested an entry of default against Defendant Williams. ECF No. 46. The
28
matter is submitted pursuant to Local Rule 230(l).
1
1
“When a party against whom a judgment for affirmative relief is sought has failed to plead or
2
otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s
3
default.” Fed. R. Civ. P. 55(a). Here, the return of service indicates that Defendant Williams
4
received service of the complaint and summons, but has failed to file a responsive pleading.
5
Defendant Williams has thus failed to plead or otherwise defend in this action. Accordingly, the
6
Clerk of the Court is directed to enter default against Defendant Roman W. Williams.
7
8
IT IS SO ORDERED.
9
Dated:
/s/ Dennis
March 25, 2013
L. Beck
UNITED STATES MAGISTRATE JUDGE
10
DEAC_Signature-END:
11
3b142a
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?