Hunt v. Reyes et al

Filing 40

ORDER signed by Magistrate Judge Craig M. Kellison on 03/14/11 ordering that the Clerk of Court make an entry of default against defendants Rios and Fields. (Plummer, M)

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-CMK (TEMP)(PC) Hunt v. Reyes et al Doc. 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Plaintiff is a state prisoner proceeding pro se and informa pauperis with an action 15 under 42 U.S.C. 1983. On December 6, 2010, the court issued an order granting plaintiff's 16 motion to amend his complaint and stating that his second amended complaint was deemed filed 17 as of May 21, 2010. See Order (Docket No. 38). Defendants have not responded to the second 18 amended complaint. 19 Under Fed.R.Civ.P. 15(a)(3), a defendant has fourteen days after service in which 20 to respond to an amended complaint. Failure to respond to an amended complaint subjects a 21 defendant to an entry of default under Fed.R.Civ.P. 55(a). See Mullins v. Wenciker, 2009 WL 22 4507706, *1 (E.D.Cal.)(referencing the court's previous order striking defendant's untimely 23 answer to the second amended complaint); Parise v. Riccelli Haulers, Inc., 672 F.Supp. 72, 74 24 (N.D.N.Y. 1987)(granting default judgment against defendant who answered original complaint 25 but failed to answer or otherwise respond to amended complaint). 26 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL A. HUNT Plaintiff, vs. M. REYES, et al Defendants. / ORDER No. CIV S-08-0181 MCE CMK (TEMP) P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Over three months has passed since the court ordered that plaintiff's second amended complaint was deemed filed, yet defendants Rios and Fields have not answered or otherwise responded to the second amended complaint. Therefore the court will order an entry of default. IT IS HEREBY ORDERED that the Clerk of Court make an entry of default against defendants Rios and Fields. DATED: March 14, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 2

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