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Johnson v. San Dieto Metropolitan Trolley Systems

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


November 16, 2007

ANTHONY RASHAD JOHNSON CDC #F-39513, PLAINTIFF,
v.
SAN DIEGO METROPOLITAN TROLLEY SYSTEMS; AND A. CAMPBELL, DEFENDANTS.

The opinion of the court was delivered by: Cathy Ann Bencivengo United States Magistrate Judge

ORDER DENYING PLAINTIFF'S REQUEST TO ENTER DEFAULT

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff's "Request to Enter Default." [Doc. No. 48.] The document purports to request default as to defendants "S.D. Transit System and S.D. Trolley, Inc." Defendants San Diego Metropolitan Transit System and San Diego Trolley, Inc., have filed a Motion to Dismiss the 4th Amended Complaint. [Doc. No. 47]. That motion is set for hearing before this Court on December 6, 2007 (no oral argument required). Under Fed. R. Civ. P. 12(a), the motion to dismiss is considered a responsive pleading. Therefore, the Request to Enter Default is moot and is DENIED.

IT IS SO ORDERED.

20071116

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