Edward v McDonald et al

Filing 32

ORDER signed by Magistrate Judge Craig M. Kellison on 11/21/11 ordering plaintiff's motion for default judgment is construed as a request for entry of default. So construed 31 plaintiff's request is denied. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MEL TYRONE EDWARD,

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Plaintiff,

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No. CIV S-10-0979-JAM-CMK-P

vs.

ORDER

D. SWINGLE, et al.,

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Defendants.

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/

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for default judgment (Doc. 31)

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against defendant Medina. Because entry of default is a prerequisite to a default judgment, and

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because the docket does not reflect entry of default as to defendant Medina, the court construes

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plaintiff’s motion as a motion for entry of default pursuant to Federal Rule of Civil Procedure

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55(a).

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Plaintiff asserts that default against defendant Medina is appropriate due to his

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failure to file a response to the complaint. A review of the docket, however, reveals that

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defendant Medina filed an answer on November 11, 2011. For this reason, default is not

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appropriate.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion for default judgment (Doc. 31) is construed as a request

for entry of default; and
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So construed, plaintiff’s request is denied.

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DATED: November 21, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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