Williams v. Huffman et al

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 8/9/11 DENYING 16 Motion for Entry of Default. (Dillon, 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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MARIO WILLIAMS,
Plaintiff,

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vs.

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No. 2:11-cv-0638 KJN P

JASON T. HUFFMAN, M.D., et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights complaint

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pursuant to 42 U.S.C. § 1983. On July 28, 2011, plaintiff filed a request for entry of default

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against defendants. Plaintiff relies on the May 31, 2011 order to the U.S. Marshal to serve

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defendants. However, the U.S. Marshal has not yet filed executed or unexecuted summons

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indicating the date of attempted or executed service of process. Plaintiff is advised that if

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defendants signed a waiver of service of process, Rule 4(d)(3) of the Federal Rules of Civil

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Procedure provides that a defendant shall file an appearance within sixty days from the date the

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waiver is mailed. Accordingly, plaintiff’s request is premature and is denied.

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IT IS HEREBY ORDERED that plaintiff's July 28, 2011 request for entry of

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default (dkt. no. 16) is denied.

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DATED: August 9, 2011
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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