Opinion
3:21-CV-418-RLM-MGG
01-03-2023
RANDY RUSSELL YBARRA, Plaintiff, v. RON NEAL and SGT. LEWIS, Defendants.
OPINION AND ORDER
ROBERT L. MILLER, JR. JUDGE UNITED STATES DISTRICT COURT
Randy Russell Ybarra, a prisoner without a lawyer, filed a motion asking for a default judgment because the defendants didn't file a sur-reply. ECF 73. Default is appropriate when a defendant “has failed to plead or otherwise defend ....” Federal
Rule of Civil Procedure 55(a). These defendants both plead and defended. They were permitted, but not required, to file a sur-reply. Not doing so is not a basis for a default judgment.
For these reasons, the motion (ECF 73) is DENIED.
SO ORDERED