Perini v. Burgess et al
ORDER: Plaintiffs motion (ECF No. 23 ) is DENIED. Signed on 5/8/2017 by Magistrate Judge Jolie A. Russo. (copy mailed to plaintiff) (kms)
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
Case No. 3:17-cv-00005-JR
SGT. BURGESS, et al.,
RUSSO, Magistrate Judge:
Plaintiff, an inmate at the Oregon State Penitentiary, filed this action and was allowed to
proceed in forma pauperis. The court also granted his motion for appointment of counsel and
made several requests for the assistance of volunteer counsel. However, each of the court’s three
requests for volunteer counsel was denied. Therefore, plaintiff must now proceed pro se, in other
words, unrepresented by counsel.
Plaintiff recently filed a motion for “summary judgment” on the grounds that defendants
failed to answer in the time set by the court. The court construes plaintiff’s motion as one for
entry of default after a party fails to “plead or otherwise defend.” Fed. R. Civ. P. 55(a). In the
court’s Notice of Lawsuit dated February 2, 2017, defendants were instructed to return the
waiver of service form within 30 days. Defendants did so on March 1, 2017. (ECF No. 9) After
filing the waiver of service form, defendants answered within the required twenty day time
period, on March 21, 2017. (ECF No. 13) Thus, their answer was timely.
Accordingly, plaintiff’s motion (ECF No. 23) is DENIED.
IT IS SO ORDERED.
DATED this 8th day of May, 2017.
s/Jolie A. Russo
JOLIE A. RUSSO
United States Magistrate Judge
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