Pettigrew v. Zavares et al

Filing 45

ORDERED that Plaintiff's request for entry of default 44 is Denied by Chief Judge Wiley Y. Daniel on 08/22/11. (jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00367-WYD-KLM
RYAN ALEXANDER PETTIGREW,
Plaintiff,
v.
EXECUTIVE DIRECTOR ARISTEDES ZAVARES, [sic], et al.,
In their Individual and Official Capacities,
Defendants.

ORDER
This matter comes before the Court on Plaintiff’s Declaration of Entry of Default, filed
August 22. 2011, [ECF No. 44].
Plaintiff requests that a default, presumably pursuant to FED. R. CIV. P. 54(a), enter
against Defendants on the basis that their responsive pleading to the Amended Complaint
was due on August 1, 2011 but was actually filed August 2, 2011. Unfortunately, Plaintiff
has his information wrong. Defendants’ Motion to Dismiss was filed August 1, 2011 [ECF
No. 40]. Consequently, as the responsive pleading was to be filed “on or before August 1,
2011,” the Motion to Dismiss was not received beyond the deadline for its filing and
Defendants are not subject to an entry of default.
It is therefore Ordered that Plaintiff’s request for entry of default is Denied.
Dated this 22nd day of August, 2011.
BY THE COURT:
s/ Wiley Y. Daniel
WILEY Y. DANIEL,
CHIEF UNITED STATES DISTRICT JUDGE