Charles Wayne Johnson, Senior v. P. Lamont Calipatria State Prison

98 F.3d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles Wayne JOHNSON, Senior, Plaintiff-Appellant, v. P. LAMONT; Calipatria State Prison, Defendants-Appellees. No. 95-56137. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 11, 1996. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Charles Wayne Johnson, Senior, appeals pro se the district court's summary judgment in favor of defendants in his 42 U.S.C. § 1983 action. He contends the district court erred when it denied his motions for: (1) a default judgment; (2) an enlargement of time to file an opposition to summary judgment; and (3) leave to file a second amended complaint. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm. 3 Although Johnson never requested that Lamont waive personal service, Lamont filed an answer within sixty days after counsel waived personal service on his behalf. Under these…