Cranford v. Okpala

Filing 43

ORDER DENYING Plaintiff's 41 Motion for Entry of Default, signed by Magistrate Judge Stanley A. Boone on 7/12/16. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ARCHIE CRANFORD,

12

Plaintiff,

13
14

v.
ANTONIA OKPALA,

15

Defendant.

16

)
)
)
)
)
)
)
)
)
)

Case No.: 1:14-cv-00921-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR ENTRY OF DEFAULT
[ECF No. 41]

Plaintiff Archie Cranford is a civil detainee proceeding pro se in this civil rights action

17
18

pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institutions

19

Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison

20

Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000).
On July 11, 2016, Plaintiff filed a motion requesting the entry of default judgment against

21
22

Defendant Antonia Okpala, pursuant to California Civil Procedure §§ 585, 989.
Plaintiff is advised that Rule 55(a) of the Federal Rules of Civil Procedure governs the entry of

23
24

default in actions brought in this Court under 42 U.S.C. § 1983. Rule 55(a) of the Federal Rules of

25

Civil Procedure requires the Clerk of the Court to enter default “when a party against whom a

26

judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is

27

shown by affidavit or otherwise.” Fed. R. Civ. P. 55(a).

28

///
1

Inasmuch as Defendant Okpala has filed an answer to the complaint on January 19, 2016, there

1
2

is simply no basis for entry of default judgment. Accordingly, Plaintiff’s motion is DENIED.

3
4

IT IS SO ORDERED.

5

Dated:

6

July 12, 2016
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2