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Heriberto Castro Gutierrez v. Ron Barns

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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