King v. McDonald et al

Filing 27

ORDER signed by Magistrate Judge Dale A. Drozd on 7/14/11 DENYING 23 Motion. (Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

JESSE KING,

11

Plaintiff,

12
13

No. 2:10-cv-2797 DAD (PC)

vs.
MIKE MCDONALD, et al.,

14

Defendants.

15

/

16

ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil

17

rights action pursuant to 42 U.S.C. § 1983. On June 17, 2011, plaintiff filed a document styled

18

as a motion for default judgment.

19

The record reflects that on May 19, 2011 this court issued an order directing the

20

United States Marshal to serve process on defendants W. Bigford and Leslie Carter. The United

21

States Marshal has not yet filed a return of service for either defendant. Moreover, default has

22

not been entered for either defendant and, in the absence of proof of service of process, entry of

23

default would be improper. See Fed. R. Civ. P. 55. Plaintiff’s June 17, 2011 motion is

24

premature, see id., and will therefore be denied.

25

/////

26

/////
1

1

In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s June 17,

2

2011 motion (Doc. No. 23) is denied.

3

DATED: July 14, 2011.

4
5
6
7
8

DAD:12
king2797.mdj

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2