Valencia v. Kokor

Filing 78

ORDER DENYING 76 Plaintiff's Motion for Entry of Default signed by Magistrate Judge Dennis L. Beck on 3/8/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL G. VALENCIA,

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Plaintiff,

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Case No. 1:13-cv-01391 LJO DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR ENTRY OF DEFAULT

v.
(Document 76)

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WINFRED KOKOR,

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Defendant.

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Plaintiff Daniel G. Valencia (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil action pursuant to 42 U.S.C. § 1983. The action is proceeding on Plaintiff’s Second

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Amended Complaint, which states a claim under the Eighth Amendment against Defendants Kokor

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and Sundaram.
Pursuant to the Court’s January 14, 2016, order, Defendant Kokor filed his answer on

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February 16, 2016. Defendant Sundaram filed a motion to dismiss, which is pending.
On March 7, 2016, Plaintiff filed a motion for entry of default against Defendant Kokor. He

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contends that pursuant to the January 14, 2016, order, Defendant Kokor’s answer should have been

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filed two days earlier.
Defendant Kokor first appeared in this action in 2014, and default is not available.

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Fed.R.Civ.P. 55.

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Plaintiff is also incorrect in characterizing his answer as untimely. Defendant Kokor’s

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answer was timely filed on February 16, 2016, given the weekend days and the February 15, 2016,

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legal holiday. Fed.R.Civ.P. 6(a).

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Plaintiff’s motion is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

March 8, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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