Irizarry v. Terrell

Full title: JOEL IRIZARRY, Plaintiff, v. WARDEN DUKE TERRELL, Defendant

Court: United States District Court, W.D. New York

Date published: Jan 21, 2011

10-CV-6398L (W.D.N.Y. Jan. 21, 2011)

Opinion

10-CV-6398L.

January 21, 2011

DECISION AND ORDER

DAVID LARIMER, Chief District Judge

I treat the Government's letter of January 19, 2011 (Dkt. #11) as a motion to vacate the entry of default entered in this case on December 9, 2010 (Dkt. #9). That motion is granted.

The Clerk's entry of Default (Dkt. #9) is vacated.

Plaintiff's motion for a default judgment (Dkt. #10) is denied.

The Government is directed to respond and answer plaintiff's petition to reduce his sentence within twenty (20) days of entry of this Decision and Order.

IT IS SO ORDERED.

Dated: Rochester, New York

January 21, 2011.