Brady K. Armstrong v. Yates et al
Filing
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ORDER DIRECTING Clerk of the Court to Enter Default Against Defendant Dishman as to 43 Motion and 44 Motion, signed by Magistrate Judge Dennis L. Beck on 11/8/12. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BRADY K. ARMSTRONG,
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Plaintiff,
v.
S. DISHMAN, et al.,
Case No. 1:10-cv-02380-LJO-DLB PC
ORDER DIRECTING CLERK OF THE
COURT TO ENTER DEFAULT AGAINST
DEFENDANT DISHMAN
ECF Nos. 43, 44
Defendants.
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Plaintiff Brady K. Armstrong (“Plaintiff”) is a California state prisoner proceeding pro se and
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in forma pauperis in this civil action filed pursuant to 42 U.S.C. § 1983. This action is proceeding
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against Defendant S. Dishman for retaliation in violation of the First Amendment and deliberate
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indifference in violation of the Eighth Amendment. On May 1, 2012, a waiver of service was
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returned as to Defendant Dishman, with a responsive pleading deadline of May 25, 2012. As of the
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date of this order, Defendant has not filed a responsive pleading or otherwise responded. July 16,
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2012 and October 11, 2012, Plaintiff moved for the Court to order Defendant Dishman to respond to
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Plaintiff’s complaint and to enter default against her. ECF Nos. 43, 44. The matter is submitted
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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 the waiver of service indicates that Defendant
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Dishman received service of the complaint, but has failed to file a responsive pleading. Defendant
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Dishman has thus failed to plead or otherwise defend in this action. Accordingly, the Clerk of the
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Court is directed to enter default against Defendant Dishman.
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IT IS SO ORDERED.
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Dated:
/s/ Dennis
November 8, 2012
L. Beck
UNITED STATES MAGISTRATE JUDGE
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DEAC_Signature-END:
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3b142a
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