Williams v. Huffman et al

Filing 36

ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/11 DENYING 34 Motion for Entry of Default. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO WILLIAMS,
Plaintiff,

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No. 2:11-cv-0638 GEB KJN P

vs.
JASON T. HUFFMAN, et al.,
Defendants.

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ORDER
/

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On October 18, 2011, plaintiff filed a second request to enter default as to

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defendant Huffman. On May 31, 2011, the court ordered the U.S. Marshal to serve defendants,

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but an executed summons has not yet been filed by the U.S. Marshal for defendant Huffman.

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Thus, the court cannot determine that defendant Huffman has been served. Plaintiff is advised

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that the U.S. Marshal will file a return of service once service of process on defendant Huffman

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is accomplished. Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 18, 2011

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request for entry of default (dkt. no. 34) is denied.

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DATED: October 31, 2011
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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will0638.77c

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