Grant v. Cate, et al.

Filing 28

ORDER denying 27 Motion for Default Judgment signed by Magistrate Judge Kendall J. Newman on 4/30/15. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRAVARE GRANT,

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Plaintiff,

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No. 2:14-cv-1867 KJN P

v.

ORDER

MATTHEW CATE, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for entry of default. (ECF No.

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27.)

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On February 6, 2015, the court ordered the U.S. Marshal to serve defendants. (ECF No.

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25.) According to the court docket, service has not yet been executed. For this reason, plaintiff’s

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motion for entry of default is premature. See Fed. R. Civ. P. 55.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for entry of default (ECF

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No. 27) is denied.

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Dated: April 30, 2015

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Gr1867.ord
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