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Carlton Van Scott v. Swarthout

August 8, 2012

CARLTON VAN SCOTT, PETITIONER,
v.
SWARTHOUT, RESPONDENT.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Petitioner is a state prisoner proceeding without counsel. On August 2, 2012, plaintiff filed a document styled, "Motion for Default Judgment." (Dkt. No. 10.) Petitioner claims that respondent failed to answer, and that on July 28, 2012, clerk's default was entered. Petitioner now seeks default judgment based on respondent's alleged failure to timely respond.

However, petitioner is mistaken. No entry of default or other entry was made on July 28, 2012. Moreover, by order filed June 14, 2012, respondent was ordered to file a response within sixty days. Thus, the response is not due until August 13, 2012, and any motion for relief based on respondent's alleged failure to respond is premature. Accordingly, IT IS HEREBY ORDERED that plaintiff's August 2, 2012 motion (dkt. no. 10) is denied without prejudice.

20120808

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