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Jesse J. Montiel v. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 9, 2013

JESSE J. MONTIEL, PLAINTIFF,
v.
YATES, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DENYING PLAINTIFF'S REQUEST FOR DEFAULT (Document 15)

Plaintiff Jesse J. Montiel ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on December 28, 2011.*fn1

On February 27, 2013, service documents were sent to the United States Marshal for service. On May 2, 2013, Defendants filed a motion for an extension of time to file a responsive pleading. The Court granted the request on May 6, 2013, and allowed Defendants until June 24, 2013, to file a responsive pleading.

On May 6, 2013, Plaintiff filed a request for default. As Defendants have requested and received an extension of time to file a responsive pleading, Plaintiff is not entitled to an entry of default at this time. Accordingly, the request is DENIED.

IT IS SO ORDERED.


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