Soto v. Hobbs et al

Filing 43

ORDER denying 41 Motion for Default Judgment. Signed by Magistrate Judge Jerome T. Kearney on 11/30/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ROBERT SOTO, ADC #128324 v. RAY HOBBS, et al. ORDER This matter is before the Court on Plaintiff's Motion for Default Judgment against Defendants (Doc. No. 41). In support, Plaintiff states Defendants have not filed an Answer to his Complaint, which was served on August 19, 2010. In their Response, Defendants state they timely filed an Answer to Plaintiff's Complaint on August 27, 2010 (Doc. No. 27), and will forward to Plaintiff an additional copy for his records. In light of the above, the Court finds Plaintiff's Motion should be denied. Accordingly, IT IS, THEREFORE, ORDERED that Plaintiff's Motion for Default Judgment (Doc. No. 41) is hereby DENIED. IT IS SO ORDERED this 30th day of November, 2010. 5:10-cv-00212-JMM-JTK DEFENDANTS PLAINTIFF

______________________________________ JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE