IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
March 10, 2008
LIVELL FIGGS, PLAINTIFF,
JOHN EVANS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Proud, Magistrate Judge
Before the Court is plaintiff Figgs' motion for entry of default and/or default judgment against defendant William Fenton for failure to timely file an answer or other responsive pleading. (Doc. 44).
A review of the record reveals that Defendant Fenton's answer or other responsive pleading was due on February 5, 2007. (Doc. 24). On April 2, 2007, Fenton moved for leave to file his responsive pleading out of time. (Doc. 27). By order dated April 6, 2007, the Court granted Fenton's motion (Doc. 29), and Fenton's answer was filed that same day (Doc. 30).
IT IS THEREFORE ORDERED that plaintiff's motion for entry of default and/or default judgment against defendant William Fenton (Doc. 44) is DENIED AS MOOT.
IT IS SO ORDERED.
CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE
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