Williams et al v. Brown et al

Filing 20

ORDER denying 18 Motion for Default Judgment, as set forth. Signed by Honorable P. K. Holmes, III on February 10, 2014. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
BOBBY DWAYNE WILLIAMS
v.

PLAINTIFF
Case No. 2:13-CV-02176

RON BROWN, Sheriff, Crawford County Detention
Center; and VERN CUPP, Lt., Crawford County
Detention Center

DEFENDANTS

ORDER
Currently before the Court is Plaintiff’s motion for default judgment (Doc. 18) and
Defendants’ response (Doc. 19).
The record reflects that both Defendants were served on November 7, 2013, making their
responsive pleading due November 29, 2013. Defendants timely filed a motion to dismiss for failure
to state a claim (Doc. 12) on November 12, 2013. That motion remains pending for consideration
by the Court. Because Defendants timely responded to Plaintiff’s complaint, entry of default
judgment is not appropriate.
IT IS THEREFORE ORDERED that Plaintiff’s motion for default judgment (Doc. 18) is
DENIED.
IT IS SO ORDERED this 10th day of February, 2014.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

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