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Williams v. Smith

February 8, 2008

KEITH A. WILLIAMS, PLAINTIFF
v.
JOSEPH SMITH, ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 8th day of February, 2008, upon consideration of plaintiff's motion for default judgment (Doc. 32), see FED. R. CIV. P. 55(a) (permitting entry of default judgment when a defendant "has failed to plead or otherwise defend"), and it appearing that the time for defendants to plead or otherwise defend did not expire prior to the filing of defendants' motion to dismiss (Doc. 33), see also Doc 25 (affording defendants until February 7, 2008 to respond to the complaint), it is hereby ORDERED that plaintiff's motion for default judgment (Doc. 32) is DENIED.

CHRISTOPHER C. CONNER United States District Judge

20080208

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