Crisp v. Wasco State Prison

Filing 24

ORDER Denying Plaintiff's 22 Motion for Default, signed by Magistrate Judge Sheila K. Oberto on 8/25/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OBIE L. CRISP III,

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Plaintiff,

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Case No. 1:13-cv-01899-SKO (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR DEFAULT

v.

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(Doc. 22)
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WASCO STATE PRISON, et al.,

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Defendants.
_____________________________________/

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Plaintiff Obie L. Crisp III (“Plaintiff”), a state prisoner proceeding pro se and in forma

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17 pauperis, filed this civil action on November 22, 2013. On August 20, 2015, Plaintiff filed a
18 motion seeking default against the defendants. The defendants have neither been served with
19 process nor waived service of process, Fed. R. Civ. P. 4(d), (e), and therefore, they are not in
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20 default, Fed. R. Civ. P. 55(a), (b). Accordingly, Plaintiff’s motion is HEREBY DENIED.

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IT IS SO ORDERED.
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23 Dated:

August 25, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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In a separate order issued concurrently with this order, the Court provided Plaintiff with service documents to
complete and return to the Court. The United States Marshal will be directed to initiate service of the summons and
third amended complaint once the completed documents are returned.