Allen v. Stanislaus County et al

Filing 50

ORDER DENYING 46 Plaintiff's Request for Entry of Default signed by Magistrate Judge Stanley A. Boone on 2/20/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COLUMBUS ALLEN, JR.

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Plaintiff,
v.
STANISLAUS COUNTY, et al.,

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Defendants.

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Case No.: 1:13-cv-00012-AWI-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR ENTRY OF DEFAULT
[ECF No. 47]

Plaintiff Columbus Allen, Jr. is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
On February 19, 2015, Plaintiff filed a request for entry of default, and Defendants filed a
response on this same date.
Plaintiff’s request for entry of default must be denied. Pursuant to Rule 55 of the Federal

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Rules of Civil Procedure, entry of default is appropriate as to any party against whom a judgment for

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affirmative relief is sought that has failed to plead or otherwise defend as provided by the Federal

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Rules of Civil Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. Civ.

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P. 55(a).

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On January 13, 2015, Defendants’ motion to dismiss was denied, and Defendants were directed

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to file a further response to the complaint within 30 days from the date of service of the order. (ECF

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No. 41.)
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Defendants timely filed an answer on February 12, 2015, which is thirty days from the date of

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the service of the January 13, 2015, order. (ECF No. 44.) The proof of service attached to the answer

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reflects that Plaintiff was contemporaneously served on the same date via U.S. mail at his address of

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record. (Id.)
Accordingly, Plaintiff’s request for entry of default must be DENIED.

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IT IS SO ORDERED.

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Dated:

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February 20, 2015
UNITED STATES MAGISTRATE JUDGE

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