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Johnson v. Subia

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 22, 2009

DAVID B. JOHNSON, PLAINTIFF,
v.
R.J. SUBIA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: George Foley, Jr. United States Magistrate Judge

ORDER

Motion for Default (Dkt. #25) and Motion for 30 Day Extension (Dkt. #27)

This matter is before the Court on Plaintiff's Motion for Default (Dkt. #25), filed June 21, 2009, and Defendants' Motion for 30 Day Extension of Time to Respond to Plaintiff's Complaint (Dkt. #27), filed September 14, 2009.

On August 14, 2009, Plaintiff filed a Notice of Interlocutory Appeal to the Ninth Circuit Court of Appeals (Dkt. #26), informing the Court that Plaintiff was appealing the Court's January 22, 2009 Order & Findings & Recommendations (Dkt. #19) and June 3, 2009 Order (Dkt. #24). Accordingly,

IT IS HEREBY ORDERED that Plaintiff's Motion for Default (Dkt. #25) is stayed pending resolution of Plaintiff's Interlocutory Appeal by the Ninth Circuit.

IT IS FURTHER ORDERED that Defendants' Motion for 30 Day Extension of Time to Respond to Plaintiff's Complaint (Dkt. #27) is stayed pending resolution of Plaintiff's Interlocutory Appeal by the Ninth Circuit.

20090922

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