Wyatt v. City of Chico Police Dept

Full title: VICTOR WYATT, Plaintiff, v. CITY OF CHICO POLICE DEPT., et al., Defendants

Court: United States District Court, E.D. California

Date published: Oct 29, 2008

No. CIV S-05-2025 LKK EFB P (E.D. Cal. Oct. 29, 2008)

Opinion

No. CIV S-05-2025 LKK EFB P.

October 29, 2008

ORDER

EDMUND BRENNAN, Magistrate Judge

Plaintiff is a prisoner without counsel suing for alleged civil rights violations under 42 U.S.C. § 1983. On August 7, 2008, plaintiff filed a request for entry of default against defendant Gama. See Fed.R.Civ.P. 55(a). The request was premature. The U.S. Marshal returned an executed waiver of service of summons for defendant Gama. Defendant Gama was served with the request for waiver of service of summons on June 26, 2008. Pursuant to Fed.R.Civ.P. 4(d)(3), defendant Gama had 60 days from the date of mailing of the summons and requested waiver to file a responsive pleading. Defendant Gama timely filed her answer on August 26, 2008 and there is no basis for entry of a default.

Accordingly, plaintiff's August 7, 2008, request for entry of default is denied.

So Ordered.