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Heriberto Castro Gutierrez v. Ron Barns

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


March 6, 2013

HERIBERTO CASTRO GUTIERREZ, PETITIONER,
v.
RON BARNS, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner has filed a motion for default judgment, asserting that respondent did not file a reply in accordance with the court's October 15, 2012 order. That order rendered a reply optional by directing respondent to file a reply, "if any," within fourteen days. Respondent is not required to file a reply. E. D. Local Rule 230(d) ("moving party may serve and file a reply") (emphasis added). Therefore, petitioner's motion will be denied as improper.

Accordingly, IT IS HEREBY ORDERED that petitioner's January 28, 2013 motion for default judgment, (dkt. no. 16), is denied.

20130306

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