Opinion
CAUSE NO.: 2:18-CV-445-JTM-JEM
02-07-2020
JAMES ANDREW LOHNES, Plaintiff, v. MRS. JOHNSON, Defendant.
OPINION AND ORDER
James Andrew Lohnes, an unrepresented pretrial detainee in the Lake County Jail, filed a motion asking the court to find Mrs. Johnson in default because she has not responded to the compliant as ordered. (DE # 42.) On December 4, 2019, Mrs. Johnson was ordered to respond "as provided for in the Federal Rules of Civil Procedure." (DE # 31 at 5.) She was sent a notice of the lawsuit. (DE # 32.) She waived service and thereby had until February 7, 2020, to respond to the complaint. (DE # 35.) Well before that deadline, on January 16, 2020, she filed a motion to dismiss. (DE # 38.) Pursuant to Federal Rule of Civil Procedure 12(a)(4), that motion extended the time to otherwise plead. Therefore, Mrs. Johnson is not in default.
For these reasons, the motion (DE # 42) is DENIED.
SO ORDERED.
Date: February 7, 2020
s/James T. Moody
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT