Redmond v. Landers et al

Filing 23

ORDER denying 21 Motion for Entry of Default. Signed by Magistrate Judge Stephen L. Crocker on 5/20/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF WISCONSIN

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R O D N E Y JAMES REDMOND, P l a in t i f f , v. D A W N . LANDERS, JANET WALSH, M A R T H A BREEN, RYAN TOBIASZ an d MIKE VANDENBROOK, D e fe n d a n t s . ORDER 0 9 -c v -8 7 -s lc

_ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ On April 7, 2009, this court granted plaintiff leave to proceed on his claim that defendants did not provide him with adequate mental health treatment. That same day, this court forwarded to the office of the Attorney General a copy of plaintiff's complaint for acceptance of informal service of process on defendants Dawn Landers, Janet Walsh, Martha Breen, Ryan Tobiasz and Mark Vandenbrook, together with this court's April 7order allowing plaintiff to proceed on his claim. Now plaintiff has filed a motion for entry of default pursuant to Fed. R. Civ. P. 55(a). In support of his motion, plaintiff argues that defendants are in default because they failed to file an answer within 20 days of April 7, 2009, the date the Wisconsin Department of Justice was served on behalf of the defendants. Plaintiff is mistaken. Pursuant to this court's agreement with the office of the Attorney General, defendants on whose behalf the office accepts informal service of process have 40 days from the date of the order in which to file a responsive pleading. In this case that order was entered on April 7, 2009, which means that defendants had

until May18, 2009 to file their answer. Defendants did in fact file their answer on May 18, 2009. Therefore, plaintiff's motion for entry of default must be denied.

ORDER IT IS ORDERED that plaintiff's motion for entry of default (dkt. # 21) is DENIED. E n tered this 20 t h day of May, 2009. B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge

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