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Norris Dajon Miller v. Warden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 31, 2011

NORRIS DAJON MILLER, PLAINTIFF,
v.
WARDEN, ET AL., DEFENDANTS.

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

ORDER DENYING MOTION FOR ENTRY OF DEFAULT (Doc. 9)

Plaintiff Norris Dajon Miller, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 23, 2010. On February 3, 2011, Plaintiff filed a motion seeking the entry of default. Fed. R. Civ. P. 55(a).

Although Plaintiff states that he "filed" a summons on Defendants on December 16, 2010, there is no evidence in the record that Plaintiff legally effected service of process on Defendants, triggering their obligation to respond to his complaint. *fn1 Fed. R. Civ. P. 4(e). (Doc. 9.) Accordingly, Plaintiff's motion is HEREBY DENIED. Fed. R. Civ. P. 55(a).

IT IS SO ORDERED.

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