Said
(PC) O'Brien v. Said
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
KORY T. O’BRIEN, ) Case No.: 1:18-cv-00741-LJO-SAB (PC) ) Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO v. ) ENTER DEFAULT AGAINST DEFENDANT DR.
K. EL SAID
) K. E. SAID, ) Defendants. ) ) )
Plaintiff Kory T. O’Brien is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s request for entry of default, filed August 14, 2019. Rule 55(a) of the Federal Rules of Civil Procedure requires that the Clerk of the Court enter default “[w]hen 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 . . . .” Fed. R. Civ. P. 55(a). Rule 12 of the Federal Rules of Civil Procedure provides, “a defendant must serve an answer within 21 days after being served with the summons and complaint….” Fed. R. Civ.…