Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK ORLANDO WELLS, No. 2:25-cv-0521 CSK P Plaintiff, v. ORDER PJEFFERY MACOMBER, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On October 8, 2025, plaintiff filed a motion for default judgment and summary judgment for defendants’ failure to answer. (ECF No. 14.) For the following reasons, plaintiff’s motion is denied without prejudice. Federal Rule of Civil Procedure 55(a) provides that when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the Clerk must enter the party’s default. Federal Rule of Civil Procedure 55(b) provides for entering a default judgment on the plaintiff’s request by the Clerk when the plaintiff’s claim is for a sum certain or in all other cases, by the court. Plaintiff shows no grounds for…