Gardner v. Tefft et al

Filing 30

ORDER denying 15 Motion for Default Judgment. Signed by Honorable Susan O. Hickey on June 29, 2017. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION MICHAEL VALENTINE GARDNER v. PLAINTIFF Case No. 4:16-cv-4102 CORRECTIONAL OFFICER N. TEFFT, LIEUTENANT ADAMS, and WARDEN MOORE, Miller County Detention Center DEFENDANTS ORDER Before the Court is Plaintiff’s Motion for Default Judgment. ECF No. 15. Plaintiff moves the Court to enter default judgment against Separate Defendant Lieutenant Adams. Defendant Adams has filed a response. ECF No. 16. This matter is ripe for the Court’s consideration. Plaintiff argues that he is entitled to a default judgment against Defendant Adams, because Defendant Adams failed to file a timely answer to the complaint. Plaintiff’s assertion is incorrect. Summons for Defendant Adams was executed on December 12, 2016. ECF No. 11. Generally, a defendant is required to file an answer within twenty-one (21) days after being served with a copy of the summons and complaint. Fed. R. Civ. P. 12(1)(1). Thus, Defendant Adams’s answer was due on January 3, 2017. Defendant Adams filed an answer on January 3, 2017. ECF No. 12. Because Defendant Adams filed a timely answer, Plaintiff’s Motion for Default Judgment is DENIED. IT IS SO ORDERED, on this 29th day of June, 2017. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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