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Williams v. Wegman

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 15, 2010

ALLEN B. WILLIAMS, PLAINTIFF,
v.
WEGMAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING MOTIONS (Docs. 27, 40, 42)

Plaintiff Allen B. Williams ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

On March 15, 2010, Plaintiff filed a motion requesting the entry of default and default judgment against all defendants in this action ("Defendants"). (Doc. #27.) Plaintiff filed a second motion requesting default on May 5, 2010. (Doc. #40.) Plaintiff's motions were premature as Defendants' deadline for filing an answer to Plaintiff's complaint had not yet expired. Defendants filed their answer on April 21, 2010. (Doc. #36.) Defendants' answer was timely, since the Court granted Defendants an extension of time to file their responsive pleading on March 23, 2010. (Doc. #30.) Thus, Plaintiff's requests for entry of default will be denied.

On May 5, 2010, Plaintiff filed a motion requesting an extension of time to file an opposition to Defendants' answer. (Doc. #42.) It is not necessary for Plaintiff to file an opposition to Defendants' answer. Pursuant to Federal Rule of Civil Procedure 7(a), a reply to an answer is only permitted if the Court orders a reply. The Court has not ordered Plaintiff to file a reply to Defendants' answer. Therefore, Plaintiff's request for an extension of time is unnecessary and will be denied.

Accordingly, it is HEREBY ORDERED that:

1. Plaintiff's motions requesting entry of default and default judgment, filed on March 15, 2010, and May 5, 2010, are DENIED; and

2. Plaintiff's motion requesting an extension of time to file an opposition to Defendants' answer is DENIED.

IT IS SO ORDERED.

20100915

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