Williams v. Cate, et al.

Filing 59

ORDER DENYING 27 , 40 and 42 Plaintiff's Motions signed by Magistrate Judge Sheila K. Oberto on 9/15/2010. (Jessen, A)

(PC)Williams v. Cate, et al.

Doc. 59

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Allen B. Williams ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 15, 2010, Plaintiff filed a motion requesting the entry of default and default judgment against all defendants in this action ("Defendants"). (Doc. #27.) Plaintiff filed a second motion requesting default on May 5, 2010. (Doc. #40.) Plaintiff's motions were premature as Defendants' deadline for filing an answer to Plaintiff's complaint had not yet expired. Defendants filed their answer on April 21, 2010. (Doc. #36.) Defendants' answer was timely, since the Court granted Defendants an extension of time to file their responsive pleading on March 23, 2010. (Doc. #30.) Thus, Plaintiff's requests for entry of default will be denied. On May 5, 2010, Plaintiff filed a motion requesting an extension of time to file an opposition to Defendants' answer. (Doc. #42.) It is not necessary for Plaintiff to file an opposition to Defendants' answer. Pursuant to Federal Rule of Civil Procedure 7(a), a reply to an answer is only permitted if the Court orders a reply. The Court has not ordered Plaintiff to file a reply to Defendants' answer. Therefore, Plaintiff's request for an extension of time is unnecessary and will 1
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UNITED STATES DISTRICT COURT

ALLEN B. WILLIAMS, Plaintiff, v. WEGMAN, et al., Defendants. /

CASE NO. 1:09-cv-00468-OWW-SKO PC ORDER DENYING MOTIONS (Docs. 27, 40, 42)

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be denied. Accordingly, it is HEREBY ORDERED that: 1. Plaintiff's motions requesting entry of default and default judgment, filed on March 15, 2010, and May 5, 2010, are DENIED; and 2. Plaintiff's motion requesting an extension of time to file an opposition to Defendants' answer is DENIED.

IT IS SO ORDERED. Dated: ie14hj September 15, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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