Ronald Young v. Sisodia et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER DENYING PLAINTIFF’S
MOTION FOR ENTRY OF DEFAULT
AND MOTION FOR DEFAULT
(ECF NOS. 33 & 34)
Ronald Young (“Plaintiff”) is proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983. The case is now proceeding on Plaintiff’s Second
Amended Complaint against defendant C. Sisodia. (ECF Nos. 19, 20, & 23).
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.
The United States Marshal Service filed the executed waiver of service on May 4, 2017.
(ECF No. 31). According to the wavier, defendant Sisodia had 60 days from after March 29,
2017, in which to serve his answer. (Id.). Defendant Sisodia filed and served his answer on
May 23, 2017, which is within this time period. (ECF No. 32). Therefore, defendant Sisodia
did not default and Plaintiff is not entitled to an entry of default or a default judgment.
Accordingly, based on the foregoing, IT IS ORDERED that Plaintiff’s motion for entry
of default and motion for default judgment are DENIED.
IT IS SO ORDERED.
May 24, 2017
UNITED STATES MAGISTRATE JUDGE
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