Vickers v. Thompson et al

Filing 12

ORDER Denying 11 Plaintiff's Request for Entry of Default, signed by Magistrate Judge Dennis L. Beck on 03/26/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEREMIAH D. VICKERS,

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Plaintiff,

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Case No. 1:15-cv-00129-DLB PC
ORDER DENYING PLAINTIFF’S
MOTION FOR ENTRY OF DEFAULT

v.
(Document 11)

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THOMPSON, et al.,

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Defendants.

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Plaintiff Jeremiah D. Vickers (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on January 26, 2015.
On March 25, 2015, Plaintiff filed a motion for entry of default. Plaintiff states that the

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“court files and record herein show that the Defendants were served with a copy” of the complaint

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and have failed to file a timely response. ECF No. 11, at 1.

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Plaintiff’s complaint, however, has not yet been screened pursuant to 28 U.S.C. § 1915A.

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Until such time as the Court screens Plaintiff’s complaint and finds a cognizable claim, the Court

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will not order service on any Defendant. As to Plaintiff’s claim that the complaint has been served,

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there is no such indication on the docket. To the extent that Plaintiff served the complaint himself,

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such service is ineffective because the complaint has not been screened.

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Accordingly, Plaintiff’s motion for entry of default is HEREBY DENIED as premature. Fed.
R. Civ. P. 55(a).

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IT IS SO ORDERED.
Dated:

/s/ Dennis

March 26, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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