Harper v. California Department of Corrections and Rehabilitation et al

Filing 31

ORDER DENYINGPlaintiff's 22 Motion for Default signed by Magistrate Judge Michael J. Seng on 11/25/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON S. HARPER,

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Plaintiff,

CASE No. 1:14-cv-00115-AWI-MJS
ORDER DENYING PLAINTIFF’S MOTION
FOR DEFAULT

v.
(ECF No. 22)
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff Jason S. Harper is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. (ECF No. 1.) On

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August 25, 2014, Plaintiff filed a motion seeking the entry of default against the

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Defendants. (ECF No. 22.) Defendants filed an opposition on September 15, 2014.

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(ECF No. 25.)

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Defendants timely waived service requests sent on June 26, 2014. (ECF No. 20.)

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Accordingly, their answer was due within sixty days, no later than August 25, 2014. Fed.

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R. Civ. P. 4(d)(3). On August 22, 2014, Defendants requested a thirty day extension of

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time to file a responsive pleading.

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request on August 29, 2014 (ECF No. 23) and an answer was filed on September 29,

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2014 (ECF No. 26). The Defendants answered the complaint within the time prescribed;

(ECF No. 21.)

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The Court granted Defendants’

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Plaintiff is not entitled to default.
For the foregoing reasons, Plaintiff’s motion for default (ECF No. 22) is DENIED.

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IT IS SO ORDERED.
Dated:

November 25, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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