Hussar v. M.S.P. Warden et al

Filing 16

ORDER denying 15 Motion for Default Judgment. Signed by Magistrate Judge John Johnston on 2/8/2019. Mailed to Hussar (TAG)

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
WAYNE A. HUSSAR, II,

CV 18-00055-H-DLC-JTJ

Plaintiff,
vs.

ORDER

MSP WARDEN JAMES
SALMONSON and MSP’S
THORNTON R.N.,
Defendants.
Plaintiff Wayne Hussar, a state prisoner proceeding in forma pauperis and
without counsel, has filed a Motion for Default and Default Judgment. (Doc. 15.)
He contends that since counsel for Defendants could not initially contact Nurse
Thornton, he is entitled to default judgment. Rule 55(a) of the Federal Rules of
Civil Procedure provides, “[w]hen a party against whom a judgment for
affirmative relief is sought has failed to plead or otherwise defend, and that failure
is shown by affidavit or otherwise, the clerk must enter the party’s default.”
Although counsel was not able to initially contact Ms. Thornton (Doc. 12),
on February 4, 2019, counsel filed both a waiver of service and Answer on behalf
of Ms. Thornton. Defendants having timely filed an Answer to Mr. Hussar’s
Amended Complaint (Doc. 14), there is no basis for entry of default.
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ACCORDINGLY, IT IS HEREBY ORDERED THAT Mr. Hussar’s Motion
for Default and Default Judgment (Doc. 15) is DENIED.
DATED this 8th day of February, 2019.

/s/ John Johnston
John Johnston
United States Magistrate Judge

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