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Ashanti v. Tilton

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 13, 2009

ASKIA S. ASHANTI, PLAINTIFF,
v.
JAMES E. TILTON, DEFENDANT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

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.

20090413

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