Cranford v. Okpala
Filing
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ORDER DENYING Plaintiff's 41 Motion for Entry of Default, signed by Magistrate Judge Stanley A. Boone on 7/12/16. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ARCHIE CRANFORD,
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Plaintiff,
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v.
ANTONIA OKPALA,
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Defendant.
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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
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pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institutions
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Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison
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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
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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
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default in actions brought in this Court under 42 U.S.C. § 1983. Rule 55(a) of the Federal Rules of
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Civil Procedure requires the Clerk of the Court to enter default “when a party against whom a
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judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is
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shown by affidavit or otherwise.” Fed. R. Civ. P. 55(a).
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Inasmuch as Defendant Okpala has filed an answer to the complaint on January 19, 2016, there
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is simply no basis for entry of default judgment. Accordingly, Plaintiff’s motion is DENIED.
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IT IS SO ORDERED.
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Dated:
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July 12, 2016
UNITED STATES MAGISTRATE JUDGE
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