Hanna v. Mariposa County Sheriff Dept. et al

Filing 133

ORDER denying 130 Request for Entry of Default signed by Magistrate Judge Stanley A. Boone on 9/25/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD CHARLES HANNA,

ORDER DENYING PLAINTIFF’S
REQUEST FOR ENTRY OF DEFAULT

Plaintiff,

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Case No. 1:12-cv-00501-AWI-SAB

v.
(ECF No. 130)

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MARIPOSA COUNTY SHERIFF DEPT., et
al.,

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Defendants.
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On July 23, 2014 an order issued directing the United States Marshal to re-serve

19 Defendants King, Boehm, Rumfelt and Ramirez. (ECF No. 118.) On August 11, 2014, a waiver
20 of service for Defendant Rumfelt was returned. (ECF No. 123.) On September 4, 2014, a
21 waiver of service was returned for Defendants Boehm, King, and Ramirez. (ECF No. 129.) On
22 September 24, 2014, Plaintiff filed a request for entry of default. (ECF No. 130.)
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In his request Plaintiff asserts that the time for Defendants to respond has passed and they

24 have failed to file an answer to his complaint. Pursuant to Rule 4(d)(3) of the Federal Rules of
25 Civil Procedure, a defendant who returns a waiver of service need not serve an answer to the
26 complaint until 60 days after the request was sent. The requests in this instance were sent on
27 August 1, 2014. Therefore, Defendants have until September 30, 2014 to file a responsive
28 pleading in this action.

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Accordingly, Plaintiff’s request for entry of default is HEREBY DENIED.

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IT IS SO ORDERED.

4 Dated:

September 25, 2014
UNITED STATES MAGISTRATE JUDGE

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