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May v. Jones

February 12, 2008

WALTER MAY, II, PLAINTIFF
v.
P.A. JONES, DEFENDANT



The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

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.

20080212

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