IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 9, 2011
MARIO WILLIAMS, PLAINTIFF,
JASON T. HUFFMAN, M.D., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Plaintiff is a state prisoner proceeding pro se with a civil rights complaint pursuant to 42 U.S.C. § 1983. On July 28, 2011, plaintiff filed a request for entry of default against defendants. Plaintiff relies on the May 31, 2011 order to the U.S. Marshal to serve defendants. However, the U.S. Marshal has not yet filed executed or unexecuted summons indicating the date of attempted or executed service of process. Plaintiff is advised that if defendants signed a waiver of service of process, Rule 4(d)(3) of the Federal Rules of Civil Procedure provides that a defendant shall file an appearance within sixty days from the date the waiver is mailed. Accordingly, plaintiff's request is premature and is denied.
IT IS HEREBY ORDERED that plaintiff's July 28, 2011 request for entry of default (dkt. no. 16) is denied.
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