Cato v. Silva et al

Filing 23

ORDER STRIKING Defendant Dumont's 21 Answer from the Record as Entry of Default Remains Outstanding signed by Magistrate Judge Stanley A. Boone on 2/5/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES CATO, JR.,

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Plaintiff,

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v.

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G. SILVA, et al.,

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Defendants.

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Case No.: 1:14-cv-00564-LJO-SAB (PC)
ORDER STRIKING DEFENDANT
DUMONT’S ANSWER FROM THE RECORD
AS ENTRY OF DEFAULT REMAINS
OUTSTANDING
[ECF No. 21]

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Plaintiff James Cato, Jr. is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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On January 29, 2015, the Court entered default as to Defendant J. Dumont. (ECF No. 19.)

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On February 4, 2015, Defendant Dumont filed an answer to the complaint. (ECF No. 21.)

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Although Defendant Dumont has responded to the complaint, he has not responded and/or addressed

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the entry of default as to him. As such, the entry of default pursuant to Rule 55(c) of the Federal Rules

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of Civil Procedure remains in effect and Defendant Dumont’s answer to the complaint must be

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STRICKEN from the record.

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IT IS SO ORDERED.

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Dated:

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February 5, 2015
UNITED STATES MAGISTRATE JUDGE

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