Millner v. Woods et al

Filing 27

ORDER granting 26 Request for Entry of Default as to Defendant, Hashem signed by Magistrate Judge Stanley A. Boone on 11/15/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES MILLNER,

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Plaintiff,
v.
DR. WOODS, et al.,

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Defendants.

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Case No. 1:16-cv-01209-SAB-PC
ORDER GRANTING PLAINTIFF’S
MOTION FOR ENTRY OF DEFAULT AS
TO DEFENDANT HASHEM
[ECF No. 26]

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Plaintiff James Millner is proceeding pro se in this civil action pursuant to 42 U.S.C. §

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1983. This action proceeds against Defendants Woods and Hashem, in their individual

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capacities, for deliberate indifference to a serious dental need in violation of the Eighth

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Amendment.

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Currently before the Court is Plaintiff’s motion for entry of default as to Defendant
Hashem, filed on November 14, 2017. (ECF No. 26.)

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In general, “[a] summons must be served with a copy of the complaint.” Fed. R. Civ. P.

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4(c)(1). However, many defendants have “a duty to avoid unnecessary expenses of serving the

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summons.” Fed. R. Civ. P. 4(d)(1). “The plaintiff may notify such a defendant that an action has

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been commenced and request that the defendant waive service of a summons.” Id.

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Federal Rule of Civil Procedure 12 provides that a defendant must serve a responsive

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pleading “within 21 days after being served with the summons and complaint.” Fed. R. Civ. P.
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12(a)(1)(A)(i). Federal Rule of Civil Procedure 55(a) requires that the Clerk of the Court enter

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default “[w]hen a party against whom a judgment for affirmative relief is sought has failed to

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plead or otherwise defend, and that failure is shown by affidavit or otherwise. . . .” Fed. R. Civ.

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P. 55(a).

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Pursuant to Rule 12, Defendant Hashem had twenty-one days after being served with the

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summons and complaint to file a responsive pleading. The docket in this case reflects that the

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Kern County Sheriff-Coroner served Defendant Hashem by personal service on August 3, 2017

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at 11:04 AM. (ECF No. 19, at p. 1.) More than twenty-one days have passed since service was

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effected on Defendant Hashem, but no responsive pleading has been filed. Therefore, Plaintiff’s

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motion for entry of default shall be granted.

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Accordingly, it is HEREBY ORDERED that:

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Plaintiff’s motion for entry of default against Defendant Hashem is GRANTED,

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The Clerk of Court is directed to enter default against Defendant Hashem.

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and

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IT IS SO ORDERED.

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Dated:

November 15, 2017
UNITED STATES MAGISTRATE JUDGE

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