Sheehan v. CDCR - Jamestown et al

Filing 17

ORDER DENYING 16 Motion for Default Judgment, signed by District Judge Anthony W. Ishii on 05/02/2013. (Figueroa, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RANDALL LEE SHEEHAN,

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Plaintiff,

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v.
CDCR-JAMESTOWN, et al.,

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Defendants.

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Case No.: 1:12-cv-2060-AWI-BAM PC
ORDER DENYING MOTION FOR DEFAULT
JUDGMENT
(ECF No. 16)

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Plaintiff Randall Lee Sheehan is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. On April 18, 2013, Plaintiff filed the instant

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motion for default judgment against Defendant E. Cervantes. (ECF No. 16.)

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Plaintiff is not entitled to entry of default or default judgment. Fed. R. Civ. P. 55(a), (b).

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Service of process has not yet been initiated in this action, and in the absence of Defendant’s failure to

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file a timely response once legal service of process has been completed, Plaintiff has no entitlement to

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the entry of default or to the entry of default judgment. Fed. R. Civ. P. 4(e). Plaintiff is directed to re-

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read paragraph 12 of the First Informational Order, which addresses screening and service of process.

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(ECF No. 8.)
Based on the foregoing, Plaintiff’s motion for default judgment is DENIED.

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IT IS SO ORDERED.

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Dated: May 2, 2013

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SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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