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Featherstone v. Reniff

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


February 23, 2010

JAMES R. FEATHERSTONE, PLAINTIFF,
v.
PERRY RENIFF, SHERIFF, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. By order filed August 21, 2009, the United States Marshal was ordered to serve process on defendant Matthew Cate. On January 20, 2010, the United States Marshal filed a waiver of service signed on behalf of defendant Cate. Pursuant to that waiver, a response to plaintiff's second amended complaint was due on or before February 16, 2010. On February 12, 2010, defendant Cate filed a request for a fourteen day extension of time to file a response to the second amended complaint. Good cause appearing, the request will be granted.

On February 9, 2010, plaintiff filed a request for information concerning the deadline for filing a responsive pleading in this action. Plaintiff is informed that the court cannot provide legal advice to litigants. Plaintiff's request will therefore be disregarded. On February 17, 2010 plaintiff filed a motion for entry of default. Defendant Cate has timely filed a request for extension of time to file a responsive pleading which will be granted by this order. Accordingly, plaintiff's motion for entry of default will be denied.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Defendant Cate's February 12, 2010 request for extension of time is granted;

2. Defendant Cate is granted an extension of time until March 2, 2010 to file and serve a response to plaintiff's second amended complaint; and

3. Plaintiff's February 17, 2010 motion for entry of default is denied.

20100223

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