Ashanti v. Tilton

Filing 33

ORDER signed by Magistrate Judge Gregory G. Hollows on 04/13/09 ordering that plaintiff's inapposite and meritless request for an entry of default filed on 04/03/09 31 is denied. (Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. JAMES E. TILTON, Defendant. / Plaintiff, a state prisoner proceeding pro se, seeks relief under 42 U.S.C. § 1983. On 4/03/09, plaintiff filed a request for entry of default for defendant's having putatively failed to file an answer as of 3/22/09; however a review of the case docket indicates that defendant Matthew Cate timely filed an answer to the second amended complaint on 3/20/09, pursuant to the court's order, filed on 3/02/09. Docket # 23 and # 26. The proof of service attached to defendant's answer also indicates that plaintiff was properly served with that document on 3/20/09. Plaintiff's request appears to be baseless and will be denied. \\\\\ \\\\\ \\\\\ \\\\\ 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ASKIA S. ASHANTI, Plaintiff, No. CIV S-07-0807 MCE GGH P

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GGH:009

Accordingly, IT IS HEREBY ORDERED that plaintiff's inapposite and meritless request for an entry of default, filed on 4/03/09 (docket # 31), is denied. DATED: April 13, 2009

/s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE
asha0807.vac

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