UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 16, 2008
DARREN WILLIE, PLAINTIFF,
DR. VO, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER DENYING REQUEST FOR ENTRY OF DEFAULT (Doc. 36)
On September 11, 2008, Plaintiff Darren Willie, a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983, filed a request for entry of default against Defendants Vo, Tate, and Sullivan.
Entry of default is appropriate as to any party against whom a judgment for affirmative relief is sought that has failed to plead or otherwise defend as provided by the Federal Rules of Civil Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. Civ. P. 55(a). Defendants Vo and Tate filed an answer on July 23, 2008, and Defendant Sullivan filed an answer on September 3, 2008. Because Defendants have made an appearance in this action via the filing of their answers, they are not in default and Plaintiff's request is HEREBY DENIED.*fn1
IT IS SO ORDERED.