McNeil v. Hayes et al

Filing 48

ORDER Striking Notice Regarding Intent To Seek Entry Of Default (Doc. 47 ), signed by Magistrate Judge Sheila K. Oberto on 2/13/2013. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL MCNEIL,

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CASE NO. 1:10-cv-01746-AWI-SKO PC
Plaintiff,

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ORDER STRIKING NOTICE REGARDING
INTENT TO SEEK ENTRY OF DEFAULT

v.
(Doc. 47)

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LVN HAYES, et al.,

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Defendants.
/

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Plaintiff Michael McNeil, a state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on September 23, 2010. On February 11, 2013,

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Plaintiff filed a notice warning Defendants Soto, Raman, and Byers of his intent to move for entry

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of default within seven days.

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Plaintiff incorrectly states that Defendants are in default. Fed. R. Civ. P. 55(a). On February

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4, 2013, the Court ordered Defendants to file a response to Plaintiff’s second amended complaint

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within fifteen days. In accordance with the Federal Rules of Civil Procedure, Defendants have until

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February 22, 2013, within which to file their response. Fed. R. Civ. P. 6(a), (d). Defendant Byers

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timely filed an answer on February 12, 2013, and the deadline for Defendants Soto and Raman to

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respond has not expired.

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Accordingly, Defendants are not in default and Plaintiff’s notice of intent to file a motion
seeking entry of default is HEREBY ORDERED STRICKEN from the record.

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IT IS SO ORDERED.

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Dated:
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February 13, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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