Urquiza v. Yoder
Filing
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ORDER denying 16 Request for Entry of Default signed by Magistrate Judge Michael J. Seng on 11/28/2017. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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HUMBERTO URQUIZA,
Plaintiff,
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Case No. 1:16-cv-01563-LJO-MJS (PC)
ORDER DENYING REQUEST FOR ENTRY
OF DEFAULT
v.
(ECF No. 16)
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T. YODER,
Defendant.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action brought pursuant to 28 U.S.C. § 1983. The action proceeds on Plaintiff’s
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Eighth Amendment claim against Defendant Yoder. (ECF No. 9.)
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On October 16, 2017, Defendant Yoder timely responded to the complaint by
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filing a motion to dismiss. (ECF No. 15.) See Fed. R. Civ. P. 12(a)(4), 12(b). On October
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20, 2017, Plaintiff moved for entry of default. (ECF No. 16.)
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Federal Rule of Civil Procedure 55(a) requires the Clerk of Court to enter default
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against a party when that party has “failed to plead or otherwise defend, and that failure
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is shown by affidavit or otherwise.” Here, Defendant Yoder timely responded to Plaintiff’s
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complaint. There is no basis for entering default against him.
Accordingly, Plaintiff’s request for entry of default is HEREBY DENIED.
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IT IS SO ORDERED.
Dated:
November 28, 2017
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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