McCall v. Richards et al

Filing 22

ORDER denying pltf's 21 Motion for Default Judgment. Signed by Judge Billy Roy Wilson on 2/25/11. (vjt)

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-BD McCall v. Richards et al Doc. 22 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JAMIE SHAWN MCCALL ADC #610019 V. RICHARDS, et. al ORDER On February 24, 2011, Plaintiff Jamie Shawn McCall filed a motion for default judgment against all Defendants in this lawsuit. (Docket entry #21) The motion is frivolous. The Court ordered service of process for Defendants Richards, Reed, Parker, Griffin, and Lester on February 18, 2011. (#15) Summonses were issued for these Defendants on February 22, 2011. On February 24, 2011, the Court issued a recommendation that claims against Defendant Marvel be dismissed. (#17) Defendants Richards, Reed, Parker, Griffin, and Lester likely had not been served with the Complaint when the motion for default judgment was filed. In any event, their time to respond to the Complaint had not expired when Mr. McCall filed for a default judgment. Defendants are not in default. The Motion for Default Judgment (#21) is DENIED, this 25th day of February, 2011. CASE NO. 4:10CV02069 BRW/BD DEFENDANTS PLAINTIFF /s /Billy Roy Wilson UNITED STATES DISTRICT JUDGE

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