IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 13, 2009
ASKIA S. ASHANTI, PLAINTIFF,
JAMES E. TILTON, DEFENDANT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff, a state prisoner proceeding pro se, seeks relief under 42 U.S.C. § 1983. On 4/03/09, plaintiff filed a request for entry of default for defendant's having putatively failed to file an answer as of 3/22/09; however a review of the case docket indicates that defendant Matthew Cate timely filed an answer to the second amended complaint on 3/20/09, pursuant to the court's order, filed on 3/02/09. Docket # 23 and # 26. The proof of service attached to defendant's answer also indicates that plaintiff was properly served with that document on 3/20/09. Plaintiff's request appears to be baseless and will be denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff's inapposite and meritless request for an entry of default, filed on 4/03/09 (docket # 31), is denied.
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