UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 21, 2009
SAUL BARRIOS PEREZ, PLAINTIFF,
DILL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER DENYING MOTION FOR ENTRY OF DEFAULT
Plaintiff Saul Barrios Perez is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On May 14, 2009, Plaintiff filed a motion seeking the entry of default.
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). The United States Marshal was ordered to initiate service of process on March 19, 2009. However, there is no evidence that any of the defendants was served and thereafter failed to make a timely appearance.
Accordingly, Plaintiff's motion for the entry of default is HEREBY DENIED.
IT IS SO ORDERED.
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