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Rodriguez v. U.S., 1:19-cv-00001-DAD-SAB (PC). (2019)

Court: District Court, E.D. California Number: infdco20190702792 Visitors: 37
Filed: Jun. 28, 2019
Latest Update: Jun. 28, 2019
Summary: ORDER DENYING PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT [ECF No. 18] STANLEY A. BOONE , Magistrate Judge . Plaintiff Angel Rodriguez is appearing pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). Currently before the Court is Plaintiff's request for entry of default, filed June 28, 2019. Rule 55(a) of the Federal Rules of Civil Procedure requires the Clerk of the Court to enter default "when a part
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ORDER DENYING PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT

[ECF No. 18]

Plaintiff Angel Rodriguez is appearing pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).

Currently before the Court is Plaintiff's request for entry of default, filed June 28, 2019.

Rule 55(a) of the Federal Rules of Civil Procedure requires the Clerk of the Court to enter default "when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise." Fed. R. Civ. P. 55(a).

Plaintiff is mistaken; Defendant United States of America filed a timely answer on June 18, 2019. (ECF No. 15.) Accordingly, Plaintiff's request for entry of default is denied.

IT IS SO ORDERED.

Source:  Leagle

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