Burton v. McDonald, et al

Filing 55

ORDER signed by Magistrate Judge John F. Moulds on 01/03/12 ORDERING that plaintiff's 53 Motion for Entry of Default is DENIED. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HARRISON L. BURTON,

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Plaintiff,

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No. 2:10-cv-1980-JAM-JFM (PC)

vs.
WARDEN MCDONALD, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On December 19, 2011, plaintiff filed a motion for entry of default against

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defendants. Court records reflect that waivers of service were executed on behalf of all three

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defendants on December 12, 2011. See Docket No. 54. Defendants’ response to the complain is

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therefore due sixty days from the date the request for waiver was sent, see Fed. R. Civ. P. 4(d)(3),

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which in this case was November 17, 2011. See Docket No. 54. Plaintiff’s motion for entry of

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default is premature and will therefore be denied.

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In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s

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December 19, 2011 motion for entry of default is denied.

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DATED: January 3, 2012.

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burt1980.med

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