Taylor v. Gregory

Filing 45

ORDER Requiring a Response to Plaintiff's 44 Request for Entry of Default signed by Magistrate Judge Stanley A. Boone on 4/10/18. (Marrujo, C)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 SHAUNTAE TAYLOR, Case No.: 1:16-cv-00698-LJO-SAB (PC) 9 Plaintiff, 10 v. 11 ORDER REQUIRING A RESPONSE TO PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT C/O J. GREGORY, 12 (ECF No. 44) Defendant. 13 14 15 16 Plaintiff Shauntae Taylor is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 17 On September 18, 2017 a settlement conference was held in this matter before Magistrate 18 Judge Barbara A. McAuliffe, at which this case settled. (ECF No. 32.) On September 20, 2017, a joint 19 stipulation for dismissal with prejudice was filed, (ECF No. 34), and on September 21, 2017, this case 20 was closed, (ECF No. 35). 21 Currently before the Court is Plaintiff’s request for entry of default, filed on March 16, 2018. 22 (ECF No. 44.) In the request, Plaintiff asserts that he has not been properly paid the monetary portion 23 of the settlement agreed upon by the parties. 24 Rule 55(a) of the Federal Rules of Civil Procedure requires that the Clerk of the Court enter 25 default “[w]hen 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). Here, 27 Defendant Gregory filed an answer in this action on March 21, 2017, (ECF No. 14), and as discussed 28 above, this matter was later closed pursuant to a stipulation for voluntary dismissal, with prejudice, 1 1 (ECF No. 34, 35). Nevertheless, the Court finds it appropriate to order a response to Plaintiff’s 2 assertions. 3 Accordingly, it is HEREBY ORDERED that Defendant Gregory shall file a response to 4 Plaintiff’s request for entry of default, (ECF No. 44), within twenty-one (21) days from the date of 5 this order. Plaintiff’s reply, if any, shall be filed within fourteen (14) days following service of a 6 response. 7 8 IT IS SO ORDERED. 9 Dated: 10 April 10, 2018 UNITED STATES MAGISTRATE JUDGE 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?