LaBrec, Matthew v. Dittman, Michael et al

Filing 16

ORDER denying plaintiff's 14 Request/Declaration for Entry of Default. Signed by Magistrate Judge Peter A. Oppeneer on 3/6/2017. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MATTHEW LABREC,

v.

Plaintiff,

LINDSAY WALKER, SGT. CHATMAN,
SGT. CRAFT, CO II WILSON and
CO MEEKER,,

ORDER
Case No. 16-cv-774-jdp

Defendants.

On January 4, 2017, the court granted plaintiff Matthew LaBrec leave to proceed
on claims that defendants Walker, Chatman, Craft, Wilson and Meeker failed to protect
plaintiff from a dangerous inmate in violation of the Eighth Amendment. That same
day, via electronic notification, this court sent the office of the Attorney General a copy
of the January 4 order for acceptance of informal service of process on defendants. On
January 6, 2017 the Attorney General’s Office advised that it was accepting service on
behalf of the defendants. On February 13, 2017 the Attorney General’s Office filed its
answer. Now plaintiff has filed a declaration for entry of default pursuant to Fed. R. Civ.
P. 55(a).
In support of his motion, plaintiff argues that defendants are in default because
they failed to file an answer within 40 days of January 4, 2017, the date the Wisconsin
Department of Justice was served. The defendants had until February 13, 2017 to file
their answer. Defendants met that deadline. Therefore, plaintiff’s motion for entry of
default must be denied.

ORDER
IT IS ORDERED that plaintiff Matthew LaBrec’s request for entry of default, dkt.
#14, is DENIED.
Entered this 6th day of March, 2017.
BY THE COURT:
/s/
PETER OPPENEER
Magistrate Judge

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