Schoby v. Pickerton

Filing 13

ORDER signed by Magistrate Judge John F. Moulds on 6/28/10 DENYING 12 Motion. (Dillon, M)

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(PC) Schoby v. Pickerton Doc. 13 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 vs. P. PICKERTON, Defendant. / Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. 1983. On June 16, 2010, plaintiff filed a request for entry of default pursuant to Fed. R. Civ. P. 55(a). Plaintiff's request is styled as a motion for default judgment. By order filed April 23, 2010, the United States Marshal was directed to notify defendant Pickerton of the commencement of this action and to request a waiver of service of summons in accordance with the provisions of Fed. R. Civ. P. 4(d) and 28 U.S.C. 566(c), and was directed to file a returned waiver as soon as received or to personally serve defendant Pickerton if no waiver was received within sixty days from the date the request for waiver was mailed. That sixty day period has not yet expired, and the United States Marshal has not yet filed a waiver of service by, or evidence of personal service on, defendant Pickerton. For that reason, plaintiff's request is premature and will be denied. 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA WILLIE SCHOBY, Plaintiff, No. 2:10-cv-0582 JFM (PC) ORDER 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 12 scho0582.o In accordance with the above, IT IS HEREBY ORDERED that plaintiff's June 16, 2010 motion is denied. DATED: June 28, 2010. 2

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