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PETTIT v. NEW MEXICO

No. CIV. 04-1063 JB/RHS.

375 F.Supp.2d 1136 (2004)

Michael Jude PETTIT, individually, and on behalf of all persons similarly situated, Plaintiff, v. State of NEW MEXICO, Defendant.

United States District Court, D. New Mexico.

December 7, 2004.

Attorney(s) appearing for the Case

Michael Jude Petitt, Portales, NM, Pro se.

David Tourek, David Thomson, Assistant Attorneys General, New Mexico Attorney General's Office, Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on the Plaintiff's Request for Default Judgment, filed November 1, 2004 (Doc. 10). The primary issue is whether the circumstances justify the entry of a default judgment against the Defendant State of New Mexico. Because the State attempted to call Plaintiff Michael Jude Pettit before Pettit filed this motion, and because the State entered its appearance...

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