Alfonso Hall v. Smith et al

Filing 39

ORDER DENYING Plaintiff's Request for Entry of Default 38 , signed by Magistrate Judge Barbara A. McAuliffe on 2/16/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALFONSO HALL,

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Plaintiff,

Case No. 1:15-cv-00860-LJO-BAM (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR ENTRY OF DEFAULT

v.
[ECF No. 38]
D. SMITH, et al.,

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Defendants.

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Plaintiff Alfonso Hall is a state prisoner proceeding pro se and in forma pauperis in this

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action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s request for entry of

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default against Defendant D. Smith, filed on February 15, 2018. (ECF No. 38.) Plaintiff contends

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that Defendant Smith failed to respond to the complaint by the February 5, 2018 deadline.

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Plaintiff is mistaken; Defendant Smith timely filed an answer on February 5, 2018. (ECF

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No. 36.) The attached proof of service indicates that it was served on Plaintiff at his address of

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record, and it may have crossed in the mail with the instant motion. Regardless, Defendant Smith

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has not failed to answer or otherwise defend this action.

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Accordingly, Plaintiff’s request for entry of default against Defendant Smith is HEREBY
DENIED.

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IT IS SO ORDERED.
Dated:

February 16, 2018

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE