(PC) Johnson v. Nelson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WAYNE JOHNSON, No. 2:20-cv-0967 WBS DB P Plaintiff, v. ORDER AMY NELSON, Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action under 42 U.S.C. § 1983. Plaintiff contends that defendant was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. Presently before the court is plaintiff’s request for entry of default. (ECF No. 34.) Plaintiff claims the court should enter default because more than thirty days have passed since defendant was served with a copy of the complaint and defendant has not filed an answer. (ECF No. 34.) Pursuant to Federal Rule of Civil Procedure Rule 55, the Clerk of the Court has authority to enter a default judgment only where a defendant has not appeared in the action. Defendant has appeared in this action and filed an answer on June 23, 2021. (ECF No. 23.) The court cannot enter…