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Cruz v. Knowles

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 19, 2009

OSCAR CRUZ, PLAINTIFF,
v.
MIKE KNOWLES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER STRIKING PLAINTIFF'S REQUEST FOR DEFAULT AGAINST DEFENDANT MIKE KNOWLES (Document 34)

Plaintiff Oscar Cruz proceeding pro se and in forma pauperis, filed the instant civil rights action on February 19, 2008. Plaintiff's mother, Maria del Rosario Corona, has been substituted in as Plaintiff.

On June 2, 2009, Plaintiff requested that default be entered against Defendant Mike Knowles. However, the request was filed after Plaintiff's death and prior to his mother's substitution. The request is therefore STRICKEN.*fn1

Plaintiff may renew the request, if appropriate. If an amended complaint is filed due to the recent substitution, the parties are encouraged to move forward on the merits of the action.

IT IS SO ORDERED.


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