Armentero v. Doe

Filing 42

ORDER signed by Magistrate Judge Kendall J. Newman on 3/10/2011 DENYING pltf's 41 request for entry of default. (Yin, K)

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(PC) Armentero v. Dickinson, et al., Doc. 42 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 arm965.def IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LUIS ARMENTERO, Plaintiff, vs. K.L. DICKINSON, et al., Defendants. / Plaintiff is a state prisoner proceeding without counsel with a civil rights action pursuant to 42 U.S.C. § 1983. On February 17, 2011, plaintiff filed a request for entry of default as to all defendants. On December 23, 2010, the court ordered the U.S. Marshal to serve defendants. Service has not yet been returned either executed or unexecuted. For this reason, plaintiff's request for entry of default is premature. Accordingly, IT IS HEREBY ORDERED that plaintiff's request for entry of default (Dkt. No. 41) is denied. DATED: March 10, 2011 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 1 Dockets.Justia.com No. 2: 10-cv­965 KJN P ORDER

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