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Townsend v. McDonald

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


July 9, 2009

JACK LEE TOWNSEND, PETITIONER,
v.
M. A. MCDONALD, RESPONDENT.

ORDER

On June 1, 2009, petitioner filed a request for entry of default. However, by order filed May 27, 2009, respondent was granted an extension of time until June 2, 2009 in which to file an answer. On June 2, 2009, respondent filed an answer. Thus, petitioner's request will be denied.

On June 1, 2009, petitioner also filed a traverse that was signed by petitioner on May 27, 2009. Because this traverse was filed prior to respondent's answer, petitioner will be provided an additional period of time to file a traverse that addresses respondent's answer. Petitioner may choose to stand on the June 1, 2009 traverse.

Good cause appearing, IT IS HEREBY ORDERED that:

1. Petitioner's June 1, 2009 request for entry of default is denied;

2. Within twenty days from the date of this order, petitioner shall either complete the attached form and file an Amended Traverse or indicate on the form that he will stand on the June 1, 2009 traverse.

NOTICE OF AMENDMENT

Petitioner hereby submits the following document in compliance with the court's order filed ______________ Amended Traverse or ______________ Petitioner chooses to stand on traverse filed June 1, 2009.

20090709

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