IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 1, 2011
MICHAEL CHESS, PLAINTIFF,
TOM FELKER, ET AL., DEFENDANT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Pending before the court is plaintiff's second motion for entry of default regarding defendant Phillips. In this motion, plaintiff alleges that he received a letter from defense counsel stating that she represents defendants Quezada, Felker, Grannis and Gower. The letter does not state that counsel represents defendant Phillips.
As stated in the January 3, 2011 order denying plaintiff's first motion for default, on October 8, 2010, defendant Phillips filed an answer to the complaint. For this reason, plaintiff's second motion for default is denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff's second motion for default (Dkt. No. 34) is denied.
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