IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 3, 2008
ROBERT ALAN ANTON, PLAINTIFF,
DEPT. OF CORRECTIONS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: William M. Wunderlich United States Magistrate Judge
ORDER RE MOTION (DOC 43)
Plaintiff has filed a request for the entry of default against Defendant Mendez. Defendant Mendez filed an opposition, correctly noting that the deadline for filing a responsive pleading has not yet passed. Because Defendant Mendez has not failed to file any pleading or otherwise defend this action, Plaintiff's motion should be denied.
Accordingly, IT IS HEREBY ORDERED that Plaintiff's request for the entry of default against Defendant Mendez is denied.
IT IS SO ORDERED.
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