Chess v. Felker, et al

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 10/5/10 ORDERING that 19 Motion for default is DENIED as premature. (Dillon, M)

(PC) Chess v. Felker, et al

Doc. 20

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ch1261.def

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL CHESS, Plaintiff, vs. TOM FELKER, et al., Defendants. / On September 27, 2010, plaintiff filed a motion for default judgment. This motion is construed as a motion for entry of default. See Fed. R. Civ. P. 55. Plaintiff alleges that defendants have not answered his complaint despite having had a "reasonable" time to do so. On July 28, 2010, the undersigned ordered the U.S. Marshal to serve defendants. The U.S. Marshal has since informed the court that defendants' waivers of service are not due until October 11, 2010. For that reason, plaintiff's motion for default is denied as premature. DATED: October 5, 2010 ORDER No. 2: 10-cv-1261 LKK KJN P

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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