Stephen v. Montejo et al

Filing 87

ORDER signed by Magistrate Judge Deborah Barnes on 06/11/2020 GRANTING 76 Motion for Extension of Time and DENYING 83 Request for Entry of Default. Defendant's answer to the third amended complaint shall be filed within 30 days after the District Judge rules on defendant's objections to this court's order granting plaintiff's motion to amend. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMIE STEPHEN,

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Plaintiff,

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No. 2:18-cv-1796 KJM DB P

v.

ORDER

MONTEJO, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §

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1983. Plaintiff alleges defendant Montejo was deliberately indifferent to his serious medical

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needs in violation of the Eighth Amendment. Two items are currently before the court –

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defendant’s motion for an extension of time to file the answer and plaintiff’s motion for a default

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judgment.
On April 2, 2020, this court granted plaintiff’s motion to amend the second amended

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complaint and ordered defendant to file an answer or other responsive pleading within thirty days.

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(ECF No. 74.) On April 29, defendant filed a motion to revoke plaintiff’s in forma pauperis

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status, objections to the April 2 order, and a motion for an extension of time to file the answer.

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(ECF Nos. 76, 77.) In his motion for an extension of time, defendant requests that he not be

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required to file an answer to the third amended complaint until the district judge has ruled on his

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objections to this court’s order granting plaintiff’s motion to amend. Good cause appearing, that

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request will be granted.

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Because defendant filed a timely motion for an extension of time to file an answer and is

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otherwise pursuing defenses in this case, he has not “failed to plead or otherwise defend.” See

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Fed. R. Civ. P. 55(a). There is no basis for plaintiff’s motion for the entry of a default judgment

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in his favor.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant’s motion for an extension of time (ECF No. 76) is granted. Defendant’s

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answer to the third amended complaint shall be filed within thirty days after the district judge

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rules on defendant’s objections to this court’s order granting plaintiff’s motion to amend.
2. Plaintiff’s motion for entry of default (ECF No. 83) is denied.
Dated: June 11, 2020

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DLB:9
DB/prisoner-civil rights/step1796.answ eot 2

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