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Cooper v. Terhune

United States District Court, E.D. California
Aug 16, 2007
No. CIV S-05-1043 GEB JFM P (E.D. Cal. Aug. 16, 2007)

Opinion

No. CIV S-05-1043 GEB JFM P.

August 16, 2007


ORDER


Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On August 9, 2007, plaintiff filed a request to renew his motion for default judgment against defendant Campbell. Entry of default is appropriate only where the defendant has been properly served and fails to timely file a responsive pleading. Because service of process was not accomplished on this defendant (see July 31, 2007 return of unexecuted service), a motion for default judgment is not appropriate. (See also August 15, 2007 findings and recommendations.) Accordingly, IT IS HEREBY ORDERED that plaintiff's August 9, 2007 request is denied.


Summaries of

Cooper v. Terhune

United States District Court, E.D. California
Aug 16, 2007
No. CIV S-05-1043 GEB JFM P (E.D. Cal. Aug. 16, 2007)
Case details for

Cooper v. Terhune

Case Details

Full title:AARON L. COOPER, Plaintiff, v. CAL TERHUNE, et al., Defendants

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

Date published: Aug 16, 2007

Citations

No. CIV S-05-1043 GEB JFM P (E.D. Cal. Aug. 16, 2007)