IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
February 12, 2008
WALTER MAY, II, PLAINTIFF
P.A. JONES, DEFENDANT
The opinion of the court was delivered by: Christopher C. Conner United States District Judge
AND NOW, this 12th day of February, 2008, upon consideration of plaintiff's "declaration for entry of default" (Doc. 14), in which he seeks an entry of default because defendant "failed to answer or otherwise defend" his complaint within sixty days of service, and it appearing that defendant chose not to execute a waiver of service of summons, see FED. R. CIV. P. 4(d)(2), but rather, waived personal service of the complaint upon the filing motion of his motion to dismiss (Docs. 15-16), it is hereby ORDERED that request for entry of default (Doc. 14) is DENIED.
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