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Toola O. Taylor v. Jack Ashby

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 30, 2013

TOOLA O. TAYLOR, PLAINTIFF,
v.
JACK ASHBY, DAVID REDNOIR,
TRACY LEE, JOHN DOE 1, JOHN DOE 2,
JOHN DOE 3, JAMES M. RYAN, GINA ALLEN, & GLADYSE C. TAYLOR, DEFENDANTS.

The opinion of the court was delivered by: Williams, Magistrate Judge:

ORDER

Defendant James M. Ryan was reinstated as a defendant in this § 1983 civil rights action by Order of District Judge Michael J. Reagan on October 9, 2012. (Doc. 20). The next day, Ryan was mailed a Waiver of Service of Summons. (Doc. 21). Ryan executed and returned that Waiver on November 20, 2012. He has yet to file an answer or any other responsive pleading. On January 28, 2013, pro se Plaintiff Toola O. Taylor, an inmate at Menard Correctional Center in the Illinois Department of Corrections, moved for issuance of summons as to Ryan, or alternatively for "a default declaration against him." (Doc. 39, Doc. 42).*fn1 The Court construes the latter request as a motion for clerk's entry of default.

As mentioned above, Defendant Ryan has already waived service: Plaintiff's Request for Clerk to Issue Summons (Doc. 39) is therefore found MOOT. However, it does appear that Defendant Ryan is in default: his answer was due in early December 2012, and he has yet to file a responsive pleading. (See Doc. 31, 2). Plaintiff's Motion for Entry of Default (Doc. 42) is therefore GRANTED. See Fed. R. Civ. P. 55(a). The Clerk is accordingly DIRECTED to enter Defendant Ryan's default on the record.

IT IS SO ORDERED.

STEPHEN C. WILLIAMS United States Magistrate Judge


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