From Casetext: Smarter Legal Research

Johnson v. Nelson

United States District Court, Eastern District of California
Nov 8, 2021
2:20-cv-0967 WBS DB P (E.D. Cal. Nov. 8, 2021)

Opinion

2:20-cv-0967 WBS DB P

11-08-2021

MICHAEL WAYNE JOHNSON, Plaintiff, v. AMY NELSON, Defendant.


ORDER

DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE.

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action under 42 U.S.C. § 1983. Plaintiff contends that defendant was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. Presently before the court is plaintiff's request for entry of default. (ECF No. 34.)

Plaintiff claims the court should enter default because more than thirty days have passed since defendant was served with a copy of the complaint and defendant has not filed an answer. (ECF No. 34.)

Pursuant to Federal Rule of Civil Procedure Rule 55, the Clerk of the Court has authority to enter a default judgment only where a defendant has not appeared in the action. Defendant has appeared in this action and filed an answer on June 23, 2021. (ECF No. 23.) The court cannot enter default once a defendant has filed its responsive pleading. See Horton v. Sierra Conservation Ctr., No. 1:09-cv-01441 AWI SMS, 2010 WL 743849, at *1 (E.D. Cal. Mar. 1, 2020) (citing Mitchell v. Brown & Williamson Tobacco Corp., 294 F.3d 1309, 1317 (11th Cir. 2002); Direct Mail Specialists, Inc. v. Eclat Computerized Technologies, Inc., 840 F.2d 685, 689 (9th Cir. 1988) (no default can be entered if defendant filed a response indicating intent to defend the action), rep. and reco. adopted, 2010 WL 1267743 (E.D. Cal. Mar. 31, 2010). Accordingly, the court will deny plaintiffs request. As a one-time courtesy the court will send plaintiff a copy of defendant's answer.

For the foregoing reasons, IT IS HEREBY ORDERED that:

1. Plaintiff's request for entry of default (ECF No. 34) is denied;

2. The Clerk of the Court is directed to send plaintiff a copy of defendant's answer (ECF No. 23) along with this order.


Summaries of

Johnson v. Nelson

United States District Court, Eastern District of California
Nov 8, 2021
2:20-cv-0967 WBS DB P (E.D. Cal. Nov. 8, 2021)
Case details for

Johnson v. Nelson

Case Details

Full title:MICHAEL WAYNE JOHNSON, Plaintiff, v. AMY NELSON, Defendant.

Court:United States District Court, Eastern District of California

Date published: Nov 8, 2021

Citations

2:20-cv-0967 WBS DB P (E.D. Cal. Nov. 8, 2021)