Opinion
No. CIV S-05-1043 GEB JFM P.
August 16, 2007
ORDER
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On August 9, 2007, plaintiff filed a request to renew his motion for default judgment against defendant Campbell. Entry of default is appropriate only where the defendant has been properly served and fails to timely file a responsive pleading. Because service of process was not accomplished on this defendant (see July 31, 2007 return of unexecuted service), a motion for default judgment is not appropriate. (See also August 15, 2007 findings and recommendations.) Accordingly, IT IS HEREBY ORDERED that plaintiff's August 9, 2007 request is denied.