LaFaele v. Arnold et al

Filing 14

ORDER signed by Senior Judge John C. Coughenour on 9/14/2009 DENYING plaintiff's 12 Motion for Entry of Default. (Marciel, M)

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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 ORDER PAGE - 1 TOVIA LAFAELE, v. J. ARNOLD and J. L. HERRERA, Defendants. Plaintiff, The Honorable John C. Coughenour UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA AT SACRAMENTO CASE NO. CIV 08-0958-JCC ORDER DENYING MOTION FOR ENTRY OF DEFAULT This matter comes before the Court on Plaintiff Tovia LaFaele's Motion for Entry of Default. (Dkt. No. 12.) Because defendants J. Arnold and J.L. Herrera have not yet been served with process, and their time for response has therefore not expired, this motion is premature. See FED. R. CIV. P. 55(a), 12(a). Therefore, the Court hereby DENIES the motion for entry of default. DATED this 14th day of September, 2009. A John C. Coughenour UNITED STATES DISTRICT JUDGE

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