Ratcliff v. Akanno, et al.
Filing
33
ORDER as to Why Entry of Default Should Not Be Entered as to Defendant Akanno 16 , signed by Magistrate Judge Stanley A. Boone on 7/21/17: 30-Day Deadline. (Hellings, J)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
WILLIAM RATCLIFF,
12
Plaintiff,
13
14
v.
J. AKANNO, et al.,
15
Defendants.
16
Case No.: 1:16-cv-00584-SAB (PC)
ORDER AS TO WHY ENTRY OF DEFAULT
SHOULD NOT BE ENTERED AS TO
DEFENDANT AKANNO
[ECF No. 16]
Plaintiff William Ratcliff is appearing pro se and in forma pauperis in this civil rights action
17
18
)
)
)
)
)
)
)
)
)
)
pursuant to 42 U.S.C. § 1983.
19
This action is proceeding against Defendants J. Akanno, M. Spaeth, Ogun Omolade, A.
20
Rangel, and A. Manasrah for deliberate indifference to Plaintiff’s health and safety in violation of the
21
Eighth Amendment.
Despite being served with process on April 18, 2017, Defendant Akanno has not filed a
22
23
response to Plaintiff’s complaint. (ECF No. 24.)
Rule 55(a) of the Federal Rules of Civil Procedure requires that the Clerk of the Court enter
24
25
default “when a party against whom a judgment for affirmative relief is sought has failed to plead or
26
otherwise defend, and that failure is shown by affidavit or otherwise.” Fed. R. Civ. P. 55(a).
27
///
28
///
1
On this record it appears that entry of default is appropriate. Accordingly, within thirty (30)
1
2
days from the date of service of this order, Plaintiff shall indicate whether entry of default as to
3
Defendant Akanno is appropriate.
4
5
IT IS SO ORDERED.
6
Dated:
7
July 21, 2017
UNITED STATES MAGISTRATE JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?