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Jamaal Thomas v. Antipov

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


May 18, 2012

JAMAAL THOMAS, PLAINTIFF,
v.
ANTIPOV, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On May 7, 2012, plaintiff requested that default be entered against defendant Antipov. Dckt. No. 46. Federal Rule of Civil Procedure 55(a) states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend . . . the clerk must enter the party's default." Fed. R. Civ. P. 55(a). Defendant Antipov served an answer on January 31, 2012 and has not "failed to plead or otherwise defend." Dckt. No. 24. Moreover, plaintiff filed an amended complaint on March 12, 2012, and the court extended the time by which Antipov must respond to that complaint.*fn1 Dckt. Nos. 31, 38. Plaintiff has not shown he is entitled to entry of default.

Accordingly, plaintiff's request, Dckt. No. 46, is denied.


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