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Burnett v. Dugan

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 29, 2009

ESTER BURNETT, PLAINTIFF,
v.
DR. DUGAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

AMENDED ORDER DENYING MOTION FOR DEFAULT JUDGMENT [doc. #41]

Plaintiff Ester Burnett, appearing pro se, moves for default judgment against defendants Dugan and Hawthorne contending that default has been entered against them. (Motion at 2.)*fn1

Plaintiff is incorrect. Default has not been entered against these defendants. Neither defendant Dugan nor Kinji Hawthorne has been served*fn2 with the first amended complaint. Defendants Nasaria Barreras, Dev Khatri, M. Fraze and Victor Almager timely filed a motion to dismiss the first amended complaint [doc. #34]

Based on the foregoing, plaintiff's motion for default judgment against defendants Dugan and Kinji Hawthorne is without a legal or factual basis. Accordingly, plaintiff's motion for default judgment is DENIED.

IT IS SO ORDERED.

HON. PETER C. LEWIS UNITED STATES MAGISTRATE JUDGE


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