Filed: Feb. 27, 2018
Latest Update: Feb. 27, 2018
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff has filed a request for default judgment pursuant to Federal Rule of Civil Procedure 55(b). ECF No. 36. He presumably seeks a default judgment against defendants Bivin, Bracho, Compton, Forsterer, Lightfield, Rasmussen, and Sweis. 1 Plaintiff alleges that as of February 7, 2018, defendants have not responded to the complaint. Id. Defendants' response to the complaint was due by January 30, 2018 ( see ECF No. 29), and they timely answer
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff has filed a request for default judgment pursuant to Federal Rule of Civil Procedure 55(b). ECF No. 36. He presumably seeks a default judgment against defendants Bivin, Bracho, Compton, Forsterer, Lightfield, Rasmussen, and Sweis. 1 Plaintiff alleges that as of February 7, 2018, defendants have not responded to the complaint. Id. Defendants' response to the complaint was due by January 30, 2018 ( see ECF No. 29), and they timely answere..
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ORDER
ALLISON CLAIRE, Magistrate Judge.
Plaintiff has filed a request for default judgment pursuant to Federal Rule of Civil Procedure 55(b). ECF No. 36. He presumably seeks a default judgment against defendants Bivin, Bracho, Compton, Forsterer, Lightfield, Rasmussen, and Sweis.1 Plaintiff alleges that as of February 7, 2018, defendants have not responded to the complaint. Id. Defendants' response to the complaint was due by January 30, 2018 (see ECF No. 29), and they timely answered the complaint on January 26, 20182 (EFC No. 31). Accordingly, defendants are not in default and default judgment cannot be entered.
To the extent plaintiff may also be attempting to obtain a default judgment against defendant Gomez, Gomez cannot be in default because he has not yet been served by the United States Marshal. Gomez has not been served because plaintiff has not returned the necessary service documents. Plaintiff's deadline to complete and submit the service paperwork for defendant Gomez is March 1, 2018. ECF No. 35.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's request for default judgment (EFC No. 36) is denied.
2. The Clerk of the Court is directed to correct the docket to reflect that the correct names of defendants "Bivens," "Forester," and "Ramussen" are, respectively, "Bivin," "Forsterer," and "Rasmusen."
