Gupta v. Cate et al

Filing 35

ORDER signed by Magistrate Judge Allison Claire on 10/15/2013 ORDERING that plainiff's 32 request to voluntarily abandon his motion for default judgment, is construed as a motion to withdraw the motion for default judgment, and is GRANTED; and the 26 motion for default judgment is VACATED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAJ CHRISTOPHER GUPTA,

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No. 2:12-cv-1693 AC P

Plaintiff,
v.

ORDER

MATTHEW CATE, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S. § 1983.

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Plaintiff filed a motion for default judgment (ECF No. 26) which he subsequently has sought to

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“abandon.” ECF No. 32. Plaintiff indicates that since filing the motion at ECF No. 26, he has

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received the answer and executed waivers of service for the defendants.

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Accordingly, IT IS ORDERED that plaintiff’s request to voluntarily abandon his motion

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for default judgment, ECF No. 32, is construed as a motion to withdraw the motion for default

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judgment and is granted. The motion at ECF No. 26 is vacated.

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DATED: October 15, 2013

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AC:009 gupt1693.ord