Starrett v. Mimms, et al.

Filing 26

ORDER as to why Entry of Default should not be entered as to all named Defendants re 22 , 23 , 24 , 25 signed by Magistrate Judge Stanley A. Boone on 2/21/2017. (Filing Deadline: 3/27/2017).(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIKE STARRETT,

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Plaintiff,
v.
MARGARET MIMMS, et al.,
Defendants.

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Case No.: 1:15-cv-01582-SAB (PC)
ORDER AS TO WHY ENTRY OF DEFAULT
SHOULD NOT BE ENTERED AS TO ALL
NAMED DEFENDANTS
[ECF Nos. 22, 23, 24, 25]

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Plaintiff Mike Starrett is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of

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the United States Magistrate Judge on October 29, 2015. Local Rule 302.

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This action is proceeding on Plaintiff’s claims under the First, Sixth and Fourteenth

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Amendments for damages against Defendants Margaret Mimms, Gattie, Michelle Lefors, Campbell,

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Rodriguez, Dar, Hernandez, John Doe A (related to February 24, 2016, incident), and against John

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Doe B for promulgating and authority alleged unconstitutional “inmate correspondence” policy.

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Despite waiving service of the summons and complaint, Defendants have not filed a response
to Plaintiff’s complaint. (ECF Nos. 22, 23, 24, 25.)
Rule 55(a) of the Federal Rules of Civil Procedure requires that the Clerk of the Court enter

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default “when a party against whom a judgment for affirmative relief is sought has failed to plead or

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otherwise defend, and that failure is shown by affidavit or otherwise.” Fed. R. Civ. P. 55(a).
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On this record it appears that entry of default is appropriate. Accordingly, within thirty (30)

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days from the date of service of this order, Plaintiff shall indicate whether entry of default against all

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named Defendants is appropriate.

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IT IS SO ORDERED.

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Dated:

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February 21, 2017
UNITED STATES MAGISTRATE JUDGE

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