Rosales v. Walker et al

Filing 9

ORDER DENYING 8 Motion for entry of default signed by Magistrate Judge Gerald B. Cohn on 10/13/2011. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANCISCO ROSALES,

CASE NO. 1:10-cv-02402-GBC (PC)

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Plaintiff,
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ORDER DENYING REQUEST FOR ENTRY OF
DEFAULT

v.
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J. WALKER, et al.,
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(Doc. 8)
Defendants.
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ORDER
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Plaintiff Francisco Rosales (“Plaintiff”) is a federal prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on
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December 28, 2010. (Doc. 1). On July 21, 2011, Plaintiff filed a document entitled “Motion of
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Default or Acquiescence.” (Doc. 8). The Court construes this filing as a request to enter default
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against the unserved defendants in this action.
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The Court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The
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Court screens complaints in the order in which they are filed and strives to avoid delays whenever
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possible. However, there are hundreds of prisoner civil rights cases presently pending before the
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court, and delays are inevitable despite the Court’s best efforts.
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The defendants are required to answer or otherwise defend against Plaintiff’s complaint only
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after they have been properly served. Fed. R. Civ. P. 12. The default provisions of Rule 55(a) are
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not implicated until after service has occurred. Service has not yet occurred in this action; therefore,
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defendants in this action do not have to respond.
Accordingly, Plaintiff’s request for entry of default is DENIED.

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IT IS SO ORDERED.

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Dated:
0jh02o

October 13, 2011
UNITED STATES MAGISTRATE JUDGE

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