Garcia v. CDCR et al

Filing 12

ORDER signed by Magistrate Judge Craig M. Kellison on 5/21/15 ORDERING that 11 Motion is construed as a request for entry of default and, so construed, the request is denied.(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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DANNY RAY GARCIA,

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Plaintiff,

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No. 2:14-CV-0093-CMK-P

vs.

ORDER

TSENG,

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Defendant.

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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 (Doc. 11) entitled “Motion for

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Default Request for Entry of Default Judgment.” Because the docket does not reflect entry of

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default by the Clerk of the Court, plaintiff’s motion is construed as a request for entry of default

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pursuant to Federal Rule of Civil Procedure 55(a). So construed, the request will be denied

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because there is no evidence before the court establishing that defendant has been served with the

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summons and complaint.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (Doc. 11) is
construed as a request for entry of default and, so construed, the request is denied.

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DATED: May 21, 2015
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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