Thomas v. Antipov et al

Filing 48

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/18/12 DENYING 46 Motion for Reconsideration. (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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JAMAAL THOMAS,
Plaintiff,

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vs.

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No. CIV S-11-1138 MCE EFB P

ANTIPOV, et al.,
Defendants.

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/

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ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On May 7, 2012, plaintiff requested that default be entered against defendant

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Antipov. Dckt. No. 46. Federal Rule of Civil Procedure 55(a) states that “[w]hen a party against

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whom a judgment for affirmative relief is sought has failed to plead or otherwise defend . . . the

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clerk must enter the party’s default.” Fed. R. Civ. P. 55(a). Defendant Antipov served an

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answer on January 31, 2012 and has not “failed to plead or otherwise defend.” Dckt. No. 24.

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Moreover, plaintiff filed an amended complaint on March 12, 2012, and the court extended the

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time by which Antipov must respond to that complaint.1 Dckt. Nos. 31, 38. Plaintiff has not

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shown he is entitled to entry of default.

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Since then, plaintiff has filed a second amended complaint which seeks to add “Dr. Maciel”
as a defendant. See Dckt. Nos. 44, 45.
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Accordingly, plaintiff’s request, Dckt. No. 46, is denied.
Dated: May 18, 2012.

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