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Estrada v. Hamby

United States District Court, S.D. Illinois
Oct 24, 2006
No. 04-434-MJR (S.D. Ill. Oct. 24, 2006)

Opinion

No. 04-434-MJR.

October 24, 2006


ORDER


Before the Court is plaintiff's motions for entry of default and default judgment as to defendant Hamby. (Docs. 33 and 34). Plaintiff complains that Hamby has not answered or otherwise responded to the complaint, and the Court's order seeking Hamby's address from the Illinois Department of Corrections has gone unanswered.

A review of the Court record reveals that defendant Hamby's address was obtained, but it was not published due to security concerns. Pursuant to Federal Rule of Civil Procedure 4(d), on September 18, 2006, defendant Hamby waived formal service; therefore, his answer or other responsive pleading is due 60 days after receipt of the request for waiver. (Doc. 32). The waiver form was served September 18, 2006, thereby making the responsive deadline November 20, 2006 (which includes an additional three days as prescribed by Fed.R.Civ.P. 6(e)).

IT IS THEREFORE ORDERED that plaintiff's motions for entry of default and default judgment (Docs. 33 and 34) are DENIED.


Summaries of

Estrada v. Hamby

United States District Court, S.D. Illinois
Oct 24, 2006
No. 04-434-MJR (S.D. Ill. Oct. 24, 2006)
Case details for

Estrada v. Hamby

Case Details

Full title:PABLO ESTRADA, Plaintiff, v. WILLIAM HAMBY, et al. Defendants

Court:United States District Court, S.D. Illinois

Date published: Oct 24, 2006

Citations

No. 04-434-MJR (S.D. Ill. Oct. 24, 2006)