IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 21, 2011
MEL TYRONE EDWARD,
D. SWINGLE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's motion for default judgment (Doc. 31) against defendant Medina. Because entry of default is a prerequisite to a default judgment, and because the docket does not reflect entry of default as to defendant Medina, the court construes plaintiff's motion as a motion for entry of default pursuant to Federal Rule of Civil Procedure 55(a).
Plaintiff asserts that default against defendant Medina is appropriate due to his failure to file a response to the complaint. A review of the docket, however, reveals that defendant Medina filed an answer on November 11, 2011. For this reason, default is not appropriate.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for default judgment (Doc. 31) is construed as a request for entry of default; and
2. So construed, plaintiff's request is denied.
© 1992-2011 VersusLaw Inc.