IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 5, 2010
MICHAEL CHESS, PLAINTIFF,
TOM FELKER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
On September 27, 2010, plaintiff filed a motion for default judgment. This motion is construed as a motion for entry of default. See Fed. R. Civ. P. 55. Plaintiff alleges that defendants have not answered his complaint despite having had a "reasonable" time to do so.
On July 28, 2010, the undersigned ordered the U.S. Marshal to serve defendants. The U.S. Marshal has since informed the court that defendants' waivers of service are not due until October 11, 2010. For that reason, plaintiff's motion for default is denied as premature.
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