Matthews v. Holland

Filing 32

ORDER Denying Plaintiff's 30 Request for Entry of Default, signed by Magistrate Judge Sheila K. Oberto on 5/2/17. (Gonzalez, R)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
IVAN LEE MATTHEWS,

Case No. 1:14-cv-01959-SKO (PC)

10
Plaintiff,
11

ORDER DENYING PLAINTIFF'S
REQUEST FOR ENTRY OF DEFAULT

v.
12

(Doc. 30)
HOLLAND,

13
Defendant.
14
15
16

Plaintiff, Ivan Lee Matthews, a state prisoner proceeding pro se and in forma pauperis,

17

filed this civil rights action pursuant to 42 U.S.C. ' 1983. The Court screened Plaintiff’s

18

complaint pursuant to 28 U.S.C. § 1915A and found that it stated a claim for damages under the

19

Eighth Amendment of the United States Constitution against Defendant Holland, the warden at

20

California Correctional Institution (“CCI”). (Doc. 12.)

21

On December 29, 2015, Defendant filed a motion to dismiss (Doc. 15), which was granted

22

with leave to amend, (Doc. 20). Plaintiff filed the First Amended Complaint (“FAC”) on July 1,

23

2016. (Doc. 21.) Defendant filed a second motion to dismiss the FAC (Doc. 22), which was

24

denied (Doc. 26). The order denying Defendant’s second motion to dismiss was signed on March

25

22, 2017, and filed and served on March 23, 2017. (Doc. 26.) That order directed Defendant to

26

file an answer to the FAC within thirty days of the date it was served on the parties. (Id.)

27

Defendant filed an answer on April 21, 2017. (Doc. 27.) On April 28, 2017, Plaintiff

28

filed a motion seeking judgment by default, asserting that Defendant had not filed an answer.
1

1

(Doc. 30.)
The proof of service attached to Defendant’s answer indicates that it was placed in the

2
3

mail for service on Plaintiff that same day. It appears that Plaintiff’s motion for default and

4

Defendant’s answer crossed in the mail. As Defendant’s answer was timely filed -- in fact, one

5

day before the deadline -- entry of default is not appropriate.
Accordingly, it is HEREBY ORDERED that Plaintiff’s request for entry of default, filed

6
7

April 28, 2017, (Doc. 30), is hereby DENIED.

8
9
10
11

IT IS SO ORDERED.
Dated:

May 2, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.