Brown v. Robles et al

Filing 10

ORDER DENYING 9 Plaintiff's Request for Entry of Default signed by Magistrate Judge Stanley A. Boone on 3/14/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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QUINCY BROWN,

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Plaintiff,
v.
R. ROBLES, et al.,
Defendants.

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Case No.: 1:16-cv-00751-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR ENTRY OF DEFAULT
[ECF No. 9]

Plaintiff Quincy Brown is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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Currently before the Court is Plaintiff’s motion for entry of default, filed March 7, 2017.

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This action is proceeding against Defendants R. Robles and C. Riley for deliberate indifference

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to a serious medical need in violation of the Eighth Amendment.
Rule 12(a)(1)(A)(ii) of the Federal Rules of Civil Procedure provides that a defendant that has

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timely waived service under Rule 4(d) must respond “within 60 days after the request for a waiver was

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sent, or within 90 days after it was sent to the defendant outside any judicial district of the United

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States.” Fed. R. Civ. P. 12(a)(1)(A)(ii).

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Rule 55(a) of the Federal Rules of Civil Procedure requires the Clerk of the Court to 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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In this instance, the requests for waiver of service were returned on January 27, 2017, and filed

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with the Court. (ECF No. 8.) Therefore, pursuant to their waivers of service, Defendants are not

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required to answer the complaint until sixty days thereafter, i.e. March 28, 2017. Accordingly,

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Plaintiff’s request for entry of default is DENIED as premature.

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IT IS SO ORDERED.

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Dated:

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March 14, 2017
UNITED STATES MAGISTRATE JUDGE

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