UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
January 21, 2011
JOEL IRIZARRY, PLAINTIFF,
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.
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