Cranford v. Medina

Filing 29

ORDER DENYING Plainitiff's 28 Motion for Entry of Default and Default Judgment Against Defendant: Renee Medina, signed by Magistrate Judge Erica P. Grosjean on 10/30/2015. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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1:13-cv-00210-GSA-PC

Plaintiff,

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ORDER DENYING PLAINTIFF=S
MOTION FOR ENTRY OF DEFAULT AND
DEFAULT JUDGMENT AGAINST
DEFENDANT RENEE MEDINA
(ECF No. 28.)

vs.

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RENEE MEDINA, et al.,

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Defendants.

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I.

BACKGROUND
Archie Cranford (APlaintiff@) is a civil detainee proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983.

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commencing this action on February 8, 2013. (ECF No. 1.)

Plaintiff filed the Complaint

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On February 21, 2013, Plaintiff consented to Magistrate Judge jurisdiction in this action

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pursuant to 28 U.S.C. ' 636(c), and no other parties have made an appearance. (ECF No. 5.)

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Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of

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California, the undersigned shall conduct any and all proceedings in the case until such time as

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reassignment to a District Judge is required. Local Rule Appendix A(k)(3).
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On April 7, 2015, Plaintiff filed the Fourth Amended Complaint. (ECF No. 26.) On

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October 26, 2015, Plaintiff filed a motion for entry of default and default judgment against

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defendant Renee Medina. (ECF No. 28.)

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II.

ENTRY OF DEFAULT AND DEFAULT JUDGMENT

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Entry of default is appropriate as to any party against whom a judgment for affirmative

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

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Civil Procedure and where that failure is shown by affidavit or otherwise. See Fed. R. Civ. P.

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55(a). Rule 12 of the Federal Rules of Civil Procedure provides, A[A] defendant must serve an

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answer within 21 days after being served with the summons and complaint; or if it has timely

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waived service under Rule 4(d), within 60 days after the request for a waiver was sent.@ Fed.

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R. Civ. P. 12(a)(1)(A). Under Rule 4(d), a defendant may waive service of a summons by

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signing and returning a waiver of service. Fed. R. Civ. P. 4(d). If a defendant fails to plead or

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otherwise defend an action after being properly served with a summons and complaint, a

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default judgment may be entered pursuant to Rule 55(a) of the Federal Rules of Civil

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Procedure.

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Plaintiff requests entry of default and default judgment against defendant Renee Medina

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for failure to plead or otherwise defend as provided by the Federal Rules of Civil Procedure.

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Plaintiff asserts that he served defendant Renee Medina with a copy of the Fourth Amended

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Complaint, “which appears from the proof of service on file.” (Motion at 3:11.)

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Discussion

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Court records do not reflect Plaintiff’s assertion that defendant Renee Medina has been

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properly served with process pursuant to Rule 4 of the Federal Rules of Civil Procedure. In

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fact, it is not time for service of process in this case. The Fourth Amended Complaint, filed on

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April 16, 2015, awaits the court’s requisite screening under 28 U.S.C. § 1915A. (ECF No. 26.)

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The court will not direct the United States Marshal (“Marshal”) to serve process in this action

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until after the court has screened the complaint under 28 U.S.C. § 1915A and found that

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Plaintiff states a cognizable claim. Plaintiff will receive notice from the court when it is time

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for service.
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Plaintiff has not shown that defendant Renee Medina was properly served with process

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and failed to plead or otherwise defend pursuant to Rule 55(a). Therefore, Plaintiff’s motion

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for entry of default and default judgment must be denied.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff=s motion for entry of

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default and default judgment against defendant Renee Medina, filed on October 26, 2015, is

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DENIED.

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IT IS SO ORDERED.
Dated:

October 30, 2015

/s/
UNITED STATES MAGISTRATE JUDGE

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