IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 12, 2011
ELBERT LEE VAUGHT, IV, PLAINTIFF,
E. SANDOVAL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Pending before the court are plaintiff's requests for entry of default as to defendant Villanueva filed December 13, 2010, and December 27, 2010.
On September 22, 2010, the U.S. Marshal was ordered to serve process on defendant Villanueva. The U.S. Marshal has recently informed the court that personal service will soon be attempted on defendant Villanueva because service by mail was not effective. Under these circumstances, plaintiff's motion for default is premature.
Accordingly, IT IS HEREBY ORDERED that plaintiffs' requests for entry of default (Dkt. Nos. 22, 23) are denied without prejudice.
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