Opinion
No. CIV S-08-2605-CMK-P.
August 6, 2009
ORDER
Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's motion (Doc. 24) entitled "Motion to Court Judge to Vacate Clerk's Declination to Enter Default Against Defense Per Fed.R.Civ.P. With Supporting Documents." Plaintiff's motion is denied. The Clerk of the Court properly declined to enter defendants' default because a responsive pleading had been timely filed.
IT IS SO ORDERED.