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Hawkins v. Adams

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


September 24, 2010

LEON HAWKINS, PLAINTIFF,
v.
DERRAL G. ADAMS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER DENYING REQUEST FOR DEFAULT JUDGMENT

(Doc. 22)

On July 26, 2010, Plaintiff filed a request for default judgment against Defendants. (Doc. 22) He claims that this request is appropriate due to Defendants failure file a responsive pleading.

However, the First Amended Complaint has not yet been screened to determine whether it states a cognizable claim. Consequently, the Court has not yet authorized service of the summons and complaint. Therefore, the Defendants' duty to file a responsive pleading has not yet arisen.

Based upon the foregoing, the motion for default judgment is DENIED.

IT IS SO ORDERED.

20100924

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