IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
September 12, 2007
NATHANIEL GREEN, PETITIONER,
SARAH M. REVELL, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Proud, Magistrate Judge
Before the Court is petitioner Green's motion for default judgment in light of respondent's failure to file a timely response to the petition for writ of habeas corpus. (Doc. 9).
A review of the record reveals that default has never been entered; therefore, the subject motion is procedurally premature. See Fed.R.Civ.P. 55. Moreover, the Court previously extended the deadline for respondent's response, and respondent has now filed a response. (Docs. 15 and 16).
IT IS THEREFORE ORDERED that the subject motion is DENIED AS PREMATURE.
IT IS SO ORDERED.
CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE
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