Butler v. Wern, et al.

Filing 25

ORDER Denying Plaintiff's Request for Entry of Default Against Defendant Wern 24 , signed by Magistrate Judge Stanley A. Boone on 11/14/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARQUES BUTLER,

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Plaintiff,

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v.

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R. WERN, et al.,

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Defendants.

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Case No.: 1:12-cv-1538-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR ENTRY OF DEFAULT AGAINST
DEFENDANT WERN
[ECF No. 24]

Plaintiff Marques Butler is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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Now pending before the Court is Plaintiff’s second request for entry of default as to Defendant

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Wern. Plaintiff previously filed requested entry of default against Defendant Wern, which was denied

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on August 1, 2014. (ECF Nos. 19, 20.)

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In support of his present request for entry of default, Plaintiff attaches the USM-285 forms for

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service of process on Defendants Montano and Stratton, and contends that Defendant Wern has failed

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to timely respond to his complaint.

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As with Plaintiff’s prior request, he is presently not entitled to entry of default against

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Defendant Wern because the United States Marshal is currently in the process of serving Defendant

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Wern by way of personal service, and there is no evidence in the record that service has been effected,

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triggering Defendant’s legal obligation to respond to Plaintiff’s complaint. Fed. R. Civ. P. 4(d), (e);
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Fed. R. Civ. P. 55(a). Accordingly, Plaintiff’s request for entry of default is premature and is therefore

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DENIED.

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IT IS SO ORDERED.

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Dated:

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November 14, 2014
UNITED STATES MAGISTRATE JUDGE

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