Ramos v. Mesa County Parole Department et al
ORDER denying 49 Plaintiff's Motion for Default Judgment, by Magistrate Judge Kristen L. Mix on 10/16/09.(gms, )
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00824-WYD-KLM RICHARD RAMOS, Plaintiff, v. JIM KELLER, TASHA DOBBS, DUANE ROBINSON, and ROBERT ARMENTA, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Motion for Default Judgment [Docket No. 49; Filed October 13, 2009] (the "Motion"). Plaintiff moves for default on the ground that Defendants have not filed a reply in support of their motion to dismiss. This is not a proper basis for default. Pursuant to Fed. R. Civil P. 55, a default judgment must be entered "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend ...." The filing of the Motion to Dismiss indicates that Defendants have not failed to plead. Moreover, Defendants were not required to file a reply in support of their motion. See D.C.COLO.LCivR 7.1C ("the moving party may file a reply ...."). Accordingly, IT IS HEREBY ORDERED that the Motion is DENIED.
Dated: October 16, 2009
___/s/ Kristen L. Mix____________ Kristen L. Mix United States Magistrate Judge
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