Yang v. Missouri Department of Corrections et al
MEMORANDUM AND ORDER re: 13 MOTION for Entry of Clerk's Default against filed by Plaintiff Richard Yang. IT IS HEREBY ORDERED that plaintiff's motion for entry of default[Doc. #13] is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 9/20/12. (CSG)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
MISSOURI DEPT. OF CORR., et al.,
No. 1:12CV92 SNLJ
MEMORANDUM AND ORDER
Before the Court is plaintiff’s motion for entry of default. The motion will
The Court issued process on portions of plaintiff’s complaint on August 17,
2012, and because the named defendants issued on were all employees of the
Missouri Department of Corrections, the Court sent a waiver of service letter to
the Office of Attorney General on August 20, 2012. The waiver of service letter
specifically states that if the Office of Attorney General agrees to waive service on
behalf of the named defendants in this action, the Court expects defendants to file
a responsive pleading within sixty days of the date of the letter. The letter goes on
to state that if the Office of Attorney General determines that it cannot waive
service on behalf of defendants it should promptly notify the Court and note the
reasons therefore. Only then will process be served upon such defendant in
accordance with Rule 4 of the Federal Rules of Civil Procedure.
Given the aforementioned, plaintiff’s motion for entry of default is
misplaced, and it will be denied.
IT IS HEREBY ORDERED that plaintiff’s motion for entry of default
[Doc. #13] is DENIED.
Dated this 20th day of September, 2012.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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