Rettman v. Fisher

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 04/13/17 denying 17 Motion for relief under Rule 55(a) of the Federal Rules of Civil Procedure. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN RETTMAN,

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No. 2:16-cv-0885 JAM KJN P

Petitioner,
v.

ORDER

RAYTHEL FISHER,
Respondent.

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Petitioner is a state prisoner, proceeding without counsel. Petitioner filed a motion for

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default judgment pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. Petitioner

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objects that respondent sought an extension of time in which to file a reply to petitioner’s

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opposition to respondent’s motion to dismiss. Petitioner argues that respondent is in “default”

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purportedly based on respondent’s failure to timely file a reply to petitioner’s opposition.

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Rule 55(a) provides:
(a) Entering a Default. When a party against whom a judgment for
affirmative relief is sought has failed to plead or otherwise defend,
and that failure is shown by affidavit or otherwise, the clerk must
enter the party's default.
Fed. R. Civ. P. 55(a).

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On January 3, 2017, respondent filed a motion to dismiss in response to the instant

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petition. Therefore, respondent has not failed to plead or otherwise defend this action. Therefore,
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IT IS HEREBY ORDERED that petitioner’s motion for relief under Rule 55(a) of the Federal

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Rules of Civil Procedure (ECF No. 17) is denied.

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Dated: April 13, 2017

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/rett0885.def

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