MacGregor v. Martin et al

Filing 47

ORDER by Judge Ronald M. Whyte Granting 43 , 45 Motion for Entry of Default Against Defendant Dr. Martin; Directing Clerk to Enter Default; Directing Dr. Martin to Respond. (jgS, COURT STAFF) (Filed on 5/28/2015) Modified on 5/28/2015 (jgS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEVIN A. MACGREGOR,
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Plaintiff,
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v.
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DR. MARTIN, et al.,
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Defendants.
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No. C 13-2309 RMW (PR)
ORDER GRANTING MOTION FOR
ENTRY OF DEFAULT AGAINST
DEFENDANT DR. MARTIN;
DIRECTING CLERK TO ENTER
DEFAULT; DIRECTING DR.
MARTIN TO RESPOND
(Docket No. 43)

Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint against prison

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officials at San Quentin State Prison (“SQSP”), pursuant to 42 U.S.C. § 1983. Plaintiff has

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requested an entry of default against defendant Dr. Martin. (Docket No. 43.) Dr. Martin

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returned an executed waiver of service on October 6, 2014. (Docket No. 32.) Since, Dr. Martin

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has not responded to the court’s order to show cause and has failed to communicate with this

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court. For the reasons stated below, plaintiff’s request is GRANTED.

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Rule 55(a) of the Federal Rules of Civil Procedure requires that the clerk of the court

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enter default “when a party against whom a judgment for affirmative relief is sought has failed to

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plead or otherwise defense, and that failure is shown by affidavit or otherwise.” Fed. R. Civ. P.

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55(a). Rule 55(b)(2) provides that the court may grant a default judgment after default has been

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Order Granting Motion for Entry of Default Against Defendant Dr. Martin; Directing Clerk to Enter Default;
Directing Dr. Martin to Respond
P:\PRO-SE\RMW\CR.13\MacGregor309default-Martin.wpd

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entered by the clerk of the court. Thus, the clerk is directed to enter the default of Dr. Martin,

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pursuant to Rule 55(a).

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Dr. Martin is directed to file within thirty (30) days of the filing date of this order a

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motion to set aside the default for good cause to avoid a default judgment under Rule 55. The

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failure to comply may result in a default judgment being entered against Dr. Martin.

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The clerk shall serve a copy of this court’s order of service and this order upon Dr.

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Timothy B. Martin, D.O. at the confidential address provided in docket number 26 by the San

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Quentin State Prison.

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This order terminates docket no. 43.
IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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Order Granting Motion for Entry of Default Against Defendant Dr. Martin; Directing Clerk to Enter Default;
Directing Dr. Martin to Respond
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P:\PRO-SE\RMW\CR.13\MacGregor309default-Martin.wpd

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN A. MACGREGOR,

Case No. 13-cv-02309-RMW

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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M.D. MARTIN, et al.,
Defendants.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on May 28, 2015, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Kevin A. MacGregor ID: V-94008
Bldg #A-5,138
High Desert State Prison
PO Box 3030
Susanville, CA 96127

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Dated: May 28, 2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Jackie Lynn Garcia, Deputy Clerk to the
Honorable RONALD M. WHYTE