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KINARD v. BEALES

November 21, 2005.

MYCHEAL KINARD, Plaintiff,
v.
JEANETTE BEALES, Administrator, Phillips County Jail, Defendant.



The opinion of the court was delivered by: J. RAY, Magistrate Judge

ORDER

On November 3, 2005, the Court issued an Order giving Defendant Jeanette Beales eleven days to file a Response explaining why she should not be held in default for failing to file an Answer to Plaintiff's pro se Complaint. See docket entry #24. On November 16, 2005, Defendant timely filed a Response indicating that her secretary, Verna Ternage, accepted service on Defendant's behalf but subsequently failed to deliver the Summons and Complaint to Defendant. See docket entry #27. Accordingly, Defendant requests that the Court not enter default judgment against her and accept her Answer as timely filed. Id. The Court finds good cause for granting both requests.

Now that the only Defendant remaining in this action has filed an Answer, the case is ready to be set for an Evidentiary Hearing/Trial.*fn1 Accordingly, a Scheduling Order setting various deadlines and setting this case for an Evidentiary Hearing/Trial will be entered separately.

  IT IS THEREFORE ORDERED THAT Defendant Beales' November 16, 2005 Answer (docket entry #28) is deemed timely filed.

20051121

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