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Valdez v. Walker

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


March 3, 2010

RICARDO VALDEZ, PLAINTIFF,
v.
CORRECTIONAL OFFICERS WALKER, GUFFEE, AND VORON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David Alan Ezra United States District Judge

ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

On March 2, 2010, Plaintiff filed the instant Motion to Dismiss. ("Mot.," Doc. # 18.) Plaintiff's Motion is based upon Defendants alleged failure to reply to Plaintiff's Complaint within the time provided by Federal Rule of Civil Procedure 12(a) and alleged failure to file a motion for an extension of time in which to respond. (See Mot. at 3.) On February 26, 2010, Defendants filed a Motion for a 45-Day Extension of Time to file a responsive pleading. (Doc. # 16.) On March 1, 2010, this Court granted Defendants' motion for a forty-five day extension of time to file a responsive pleading to the Amended Complaint. (Doc. # 17.) After reviewing Plaintiff's Motion and the supporting memoranda, it appears to the Court that Plaintiff has not yet received notice of Defendant's motion for an extension or this Court's order granting such extension. By order of this Court, Defendants have until April 22, 2010 to file a reply. Accordingly, the Court DENIES Plaintiff's Motion for Default Judgment.

IT IS SO ORDERED.

20100303

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