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Mel Tyrone Edward v. D. Swingle

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


November 21, 2011

MEL TYRONE EDWARD,
PLAINTIFF,
v.
D. SWINGLE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

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.

20111121

© 1992-2011 VersusLaw Inc.



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