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)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DANNY RAY GARCIA,
12
Plaintiff,
13
14
No. 2:14-CV-0093-CMK-P
vs.
ORDER
TSENG,
15
Defendant.
16
/
17
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
18
42 U.S.C. § 1983. Pending before the court is plaintiff’s motion (Doc. 11) entitled “Motion for
19
Default Request for Entry of Default Judgment.” Because the docket does not reflect entry of
20
default by the Clerk of the Court, plaintiff’s motion is construed as a request for entry of default
21
pursuant to Federal Rule of Civil Procedure 55(a). So construed, the request will be denied
22
because there is no evidence before the court establishing that defendant has been served with the
23
summons and complaint.
24
///
25
///
26
///
1
1
2
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.
3
4
5
6
DATED: May 21, 2015
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?