Gupta v. Cate

Full title: RAJ CHRISTOPHER GUPTA, Plaintiff, v. MATTHEW CATE, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Oct 15, 2013

2:12-cv-1693 AC P (E.D. Cal. Oct. 15, 2013)

Opinion

RAJ CHRISTOPHER GUPTA, Plaintiff, v. MATTHEW CATE, et al., Defendants. No. 2:12-cv-1693 AC P United States District Court, E.D. California. October 15, 2013

          ORDER

          ALLISON CLAIRE, Magistrate Judge.

         Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S. § 1983. Plaintiff filed a motion for default judgment (ECF No. 26) which he subsequently has sought to "abandon." ECF No. 32. Plaintiff indicates that since filing the motion at ECF No. 26, he has received the answer and executed waivers of service for the defendants.

         Accordingly, IT IS ORDERED that plaintiff's request to voluntarily abandon his motion for default judgment, ECF No. 32, is construed as a motion to withdraw the motion for default judgment and is granted. The motion at ECF No. 26 is vacated.