Gorrell v. Sneath et al

Filing 20

ORDER DISREGARDING Motion for Judgment 17 , signed by Magistrate Judge Jennifer L. Thurston on 8/7/2012. (Hall, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILSON GORRELL,

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Case No. 1:12-cv-00554 AWI JLT

Plaintiff,

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v.

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ORDER DISREGARDING MOTION
FOR JUDGMENT

THOMAS C. SNEATH et al.,

(Doc. 17)
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Defendants.

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On July 19, 2012, Defendants waivers of personal service were filed. (Doc. 16) By

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waiving the requirement for personal service, Defendants were granted 60 days from the date of

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service, June 5, 2012, to respond to the complaint. (Doc. 16 at 1, 3, 5) Thus, Defendants’ answer,

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filed on August 6, 2012, was timely, given that the 60th day fell on a weekend. (Doc. 18)

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On August 6, 2012, Plaintiff filed a motion for judgment. (Doc. 17) Plaintiff seeks

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default judgment based upon Defendants’ failure to answer within 21 days. However, of course,

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this deadline did not apply, given that Defendants were not personally served. Therefore,

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Plaintiff’s motion for judgment is DISREGARDED.

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IT IS SO ORDERED.
Dated:

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August 7, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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