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Green v. Revell

September 12, 2007

NATHANIEL GREEN, PETITIONER,
v.
SARAH M. REVELL, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

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

20070912

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