Ratcliff v. Akanno, et al.

Filing 47

ORDER DENYING AS MOOT Plaintiff's 46 Motion for Entry of Default as to Defendant Dr. Akanno, signed by Magistrate Judge Stanley A. Boone on 09/21/17. (Martin-Gill, S)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 WILLIAM RATCLIFF, 8 Plaintiff, 9 10 v. J. AKANNO, et al., 11 Defendants. 12 ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00584-SAB (PC) ORDER DENYING AS MOOT PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT AS TO DEFENDANT DR. AKANNO [ECF No. 46] 13 Plaintiff William Ratcliff is appearing pro se and in forma pauperis in this civil rights action 14 15 pursuant to 42 U.S.C. § 1983. On September 18, 2017, Plaintiff filed a motion for entry of default as to Defendant Dr. 16 17 Akanno. Plaintiff’s motion must be denied. Rule 55(a) of the Federal Rules of Civil Procedure requires the Clerk of the Court to enter 18 19 default “when a party against whom a judgment for affirmative relief is sought has failed to plead or 20 otherwise defend, and that failure is shown by affidavit or otherwise.” Fed. R. Civ. P. 55(a). Inasmuch as Defendant Dr. Akanno filed a timely answer to the complaint on September 6, 21 22 2017, Plaintiff’s motion for entry of default is denied as moot. (ECF Nos. 39, 44.) 23 24 IT IS SO ORDERED. 25 Dated: 26 September 21, 2017 UNITED STATES MAGISTRATE JUDGE 27 28 1

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