Ronald Young v. Sisodia et al

Filing 35

ORDER DENYING Plaintiff's Motion for Entry of Default and Motion for Default Judgment 33 , 34 , signed by Magistrate Judge Erica P. Grosjean on 5/24/17. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONALD YOUNG,
Plaintiff,

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v.
C. SISODIA,

1:15-cv-00640-LJO-EPG (PC)
ORDER DENYING PLAINTIFF’S
MOTION FOR ENTRY OF DEFAULT
AND MOTION FOR DEFAULT
JUDGMENT
(ECF NOS. 33 & 34)

Defendant.

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Ronald Young (“Plaintiff”) is proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. The case is now proceeding on Plaintiff’s Second

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Amended Complaint against defendant C. Sisodia. (ECF Nos. 19, 20, & 23).

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On May 22, 2017, Plaintiff filed a motion for entry of default (ECF No. 33) and a
motion for default judgment (ECF No. 34). Both motions will be denied.

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The United States Marshal Service filed the executed waiver of service on May 4, 2017.

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(ECF No. 31). According to the wavier, defendant Sisodia had 60 days from after March 29,

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2017, in which to serve his answer. (Id.). Defendant Sisodia filed and served his answer on

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May 23, 2017, which is within this time period. (ECF No. 32). Therefore, defendant Sisodia

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did not default and Plaintiff is not entitled to an entry of default or a default judgment.

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Accordingly, based on the foregoing, IT IS ORDERED that Plaintiff’s motion for entry
of default and motion for default judgment are DENIED.

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IT IS SO ORDERED.
Dated:

May 24, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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