Robinson v. Holguin, et al.

Filing 10

ORDER Denying 8 Plaintiff's Motion for Enrty of Default, signed by Magistrate Judge Dennis L. Beck on 8/13/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAURICE ROBINSON,

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Plaintiff,

Case No. 1:14-cv-00427 AWI-DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR ENTRY OF DEFAULT

v.
(Documents 8, 9)

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P. HOLGUIN, et al.,
Defendants.

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Plaintiff Maurice Robinson (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil action pursuant to 42 U.S.C. § 1983. Defendants paid the filing fee and removed this

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action from the Kings County Superior Court to this Court on March 24, 2014. Plaintiff’s complaint

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is currently awaiting screening pursuant to 28 U.S.C. § 1915A.

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On July 30, 2014, Plaintiff filed a motion for entry of default. Plaintiff states that on March

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24, 2014, Defendants requested a thirty-day extension of time within which to answer the complaint.

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Plaintiff states that over thirty days have passed and Defendants have not filed an answer.

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On August 1, 2014, Plaintiff filed a second request for entry of default.

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It appears that Plaintiff has misunderstood Defendants’ request. In the Notice of Removal of

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Action, Defendants requested that this Court first screen Plaintiff’s complaint pursuant to 28 U.S.C.

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§ 1915A. Defendants further requested a thirty-day extension of time to respond to any claims that

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survive screening.
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Therefore, Defendants’ time for responding to the complaint will not begin to run until such
time as the Court screens Plaintiff’s complaint and finds that it states a cognizable claim.
Accordingly, Plaintiff’s requests are DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

August 13, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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