THOMAS v. ANTIPOV, CIV S-11-1138 MCE EFB P. (2012)
Court: District Court, E.D. California
Number: infdco20120521564
Visitors: 14
Filed: May 18, 2012
Latest Update: May 18, 2012
Summary: ORDER EDMUND F. BRENNAN, Magistrate Judge. Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983. On May 7, 2012, plaintiff requested that default be entered against defendant Antipov. Dckt. No. 46. Federal Rule of Civil Procedure 55(a) states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend . . . the clerk must enter the party's default." Fed. R. Civ. P. 55(a). Defendant Antipov
Summary: ORDER EDMUND F. BRENNAN, Magistrate Judge. Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983. On May 7, 2012, plaintiff requested that default be entered against defendant Antipov. Dckt. No. 46. Federal Rule of Civil Procedure 55(a) states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend . . . the clerk must enter the party's default." Fed. R. Civ. P. 55(a). Defendant Antipov ..
More
ORDER
EDMUND F. BRENNAN, Magistrate Judge.
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On May 7, 2012, plaintiff requested that default be entered against defendant Antipov. Dckt. No. 46. Federal Rule of Civil Procedure 55(a) states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend . . . the clerk must enter the party's default." Fed. R. Civ. P. 55(a). Defendant Antipov served an answer on January 31, 2012 and has not "failed to plead or otherwise defend." Dckt. No. 24. Moreover, plaintiff filed an amended complaint on March 12, 2012, and the court extended the time by which Antipov must respond to that complaint.1 Dckt. Nos. 31, 38. Plaintiff has not shown he is entitled to entry of default.
Accordingly, plaintiff's request, Dckt. No. 46, is denied.
FootNotes
1. Since then, plaintiff has filed a second amended complaint which seeks to add "Dr. Maciel" as a defendant. See Dckt. Nos. 44, 45.
Source: Leagle
