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Burnett v. Dugan

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 ...


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