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Ware v. Uchtman

March 13, 2008

ERIC WARE, PLAINTIFF,
v.
ALAN UCHTMAN, ET AL., DEFENDANTS.



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

ORDER

Before the court is plaintiff Ware's "Motion for Entry of Default and Recovery of Service Expenses." (Doc. 13). Plaintiff requests entry of default relative to defendants Schorn and Prange. Plaintiff prays for "$850.00 in service expenses for the filing of his motion, and the relief requested in the body of the complaint."

A review of the record reveals that plaintiff's motion was filed approximately one month before defendants Schorn and Prange's responsive pleadings were due. (See Docs. 11 and 12). Accordingly, the Clerk of Court declined to enter default. (Doc. 14). Therefore, plaintiff's motion for recovery of expenses and/or any sort of judgment amount, is moot.

IT IS THEREFORE ORDERED that plaintiff's motion for recovery of "service expenses" (Doc. 13) is DENIED AS MOOT.

IT IS SO ORDERED.

CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE

20080313

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