ORDER DENYING PLAINTIFF'S REQUEST FOR DEFAULT JUDGMENT AGAINST DEFENDANT NAVARRO

DONNA M. RYU, Magistrate Judge.

This matter is presently before the court on Plaintiff's pro se request for a default judgment against Defendant R. Navarro.1 Dkt. 34. Plaintiff claims that Defendant Navarro has not yet answered his complaint, and thus he is entitled to default judgment. Id. at 1-2.

Under Rule 55 of the Federal Rules of Civil Procedure, judgment by default may be entered "[w]hen a party against whom affirmative relief is sought has failed to plead or otherwise defend as provided by these rules." Fed. R. Civ. P. 55(a). Rule 55(b)(2) provides that the court may grant a default judgment after default has been entered by the Clerk of the Court. Fed. R. Civ. P. 55(b)(2). Default judgments are generally disfavored, and "[c]ases should be decided upon their merits whenever reasonably possible." Eitel v. McCool, 782 F.2d 1470, 1472 (9th Cir. 1986).

Here, a default judgment against Defendant Navarro cannot be entered unless there is first a default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 55(b)(2). No such default has been entered against Defendant Navarro. In addition, in a separate written order, the court has acknowledged that Defendant Navarro remains unserved, and directed the Clerk to reissue service on this Defendant. Accordingly, Plaintiff's request for default judgment against Defendant Navarro is DENIED. Dkt. 34.

This Order terminates Docket No. 34.

IT IS SO ORDERED.