Finley v. Olive et al
Filing
49
ORDER DENYING Plaintiff's 46 Motion for Entry of Default signed by Magistrate Judge Barbara A. McAuliffe on 11/22/2011. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOWELL FINLEY,
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CASE NO. 1:10-cv-00778-LJO-BAM PC
Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION FOR
ENTRY OF DEFAULT
v.
(ECF No. 46)
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A. D. OLIVE, et al.,
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Defendants.
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Plaintiff Jowell Finely (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
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action pursuant to 42 U.S.C. § 1983. Following the revocation of Plaintiff’s in forma pauperis
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status, the filing fee was paid, and Defendants Olive and Pena were ordered to file a responsive
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pleading on October 18, 2011. Defendants filed an answer on November 7, 2011. On November
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18, 2011, Plaintiff filed a request for the entry of default.
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Entry of default is appropriate as to any party against whom a judgment for affirmative relief
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is sought that has failed to plead or otherwise defend as provided by the Federal Rules of Civil
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Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. Civ. P. 55(a).
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Since Defendants have filed an answer, they have not failed to plead or defend as Plaintiff states in
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his motion. Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for entry of default is
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DENIED.
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IT IS SO ORDERED.
Dated:
10c20k
November 22, 2011
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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