West v. Federal Bureau of Prisons et al
Filing
39
ORDER DENYING 36 Request for Entry of Default signed by Magistrate Judge Gerald B. Cohn on 6/24/2011. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GERALD A. WEST,
CASE NO. 1:09-cv-01277-GBC (PC)
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Plaintiff,
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ORDER DENYING REQUEST FOR ENTRY
OF DEFAULT
v.
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FEDERAL BUREAU OF PRISONS, et al., (ECF No. 36)
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Defendants.
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/
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ORDER
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Plaintiff Gerald A. West (“Plaintiff”) is a federal prisoner proceeding pro se and in
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forma pauperis in this civil rights action. This action proceeds on Plaintiff’s Third Amended
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Complaint, filed August 27, 2010, against Defendants Doe 1, Doe 2, and Doe 3 for failure
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to protect in violation of the Eighth Amendment. (ECF No. 25.)
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On June 16, 2011, Plaintiff filed a document entitled “Declaration for Entry of
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Default”. (ECF No. 36.) The Court construes this filing as a request to enter default
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against the Defendants based on their failure to plead or otherwise defend against this
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action, specifically against Plaintiff’s Motion for a Temporary Restraining Order.
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Defendants are required to answer or otherwise defend against Plaintiff’s Complaint
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only after they have been properly served. Fed. R. Civ. P. 12. The default provisions of
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Rule 55(a) are not implicated until after service has occurred. Service has not yet occurred
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in this action; therefore, Defendant Does do not have to respond.
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Accordingly, Plaintiff’s request for entry of default is DENIED.
IT IS SO ORDERED.
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Dated:
1j0bbc
June 24, 2011
UNITED STATES MAGISTRATE JUDGE
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