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Joel Irizarry v. Warden Duke Terrell

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


January 21, 2011

JOEL IRIZARRY, PLAINTIFF,
v.
WARDEN DUKE TERRELL, DEFENDANT.

The opinion of the court was delivered by: David G. Larimer United States District Judge Rochester, New York

DECISION AND ORDER

I treat the Government's letter of January 19, 2011 (Dkt. #11) as a motion to vacate the entry of default entered in this case on December 9, 2010 (Dkt. #9). That motion is granted.

The Clerk's entry of Default (Dkt. #9) is vacated.

Plaintiff's motion for a default judgment (Dkt. #10) is denied.

The Government is directed to respond and answer plaintiff's petition to reduce his sentence within twenty (20) days of entry of this Decision and Order.

IT IS SO ORDERED.

20110121

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