Avery v. Walker et al
Filing
28
ORDER signed by Magistrate Judge Craig M. Kellison on 8/6/09 DENYING pltf's 24 motion entitled "Motion to Court Judge to Vacate Clerk's Declination to Enter Default Against Defense Per Fed.R.Civ.P. With Supporting Documents". (Yin, K)
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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 1 DATED: August 6, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE vs. JAMES WALKER, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's motion (Doc. 24) entitled "Motion to Court Judge to Vacate Clerk's Declination to Enter Default Against Defense Per Fed. R. Civ. P. With Supporting Documents." Plaintiff's motion is denied. The Clerk of the Court properly declined to enter defendants' default because a responsive pleading had been timely filed. IT IS SO ORDERED. KYLE AVERY, Plaintiff, ORDER No. CIV S-08-2605-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
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