Jasso

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ISAIAH J. PETILLO, Case No. 1:21-cv-01401-JLT-SAB (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S

REQUEST FOR ENTRY OF DEFAULT

v. (ECF No. 30) REYNALDO JASSO, et al., Defendants.

15 Plaintiff Isaiah J. Petillo is proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion to entry of default, filed September 9, 2022. Plaintiff’s motion shall be denied. Federal Rule of Civil Procedure 55 provides, “[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, the clerk must enter the party's default.” Fed. R. Civ. P. 55(a). Before a default will be entered, the clerk must be satisfied from the request and accompanying documentation that: 1) the defendant has been served with the summons or has agreed to waive serve; 2) the time allowed by law for responding has expired; and 3) the…