Slocum v. Williams et al
Filing
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ORDER Denying Plaintiff's 17 Motion for Default Judgment. Signed by Judge Jennifer A. Dorsey on 10/31/2017. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Jeffrey D. Slocum,
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Plaintiff
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v.
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2:16-cv-02169-JAD-CWH
Order Denying Motion for Default
Glenn Fowler, et. al.,
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[ECF No. 17]
Defendants
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On October 10, 2017, I denied without prejudice plaintiff Jeffrey Slocum’s
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motion for summary judgment in this prisoner civil-rights case as premature
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because it was filed before any defendant had even been served.1 Yet, two weeks
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later, Slocum moved the court to enter default against the defendants because none
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had opposed the motion for summary judgment.2 Because I denied the motion for
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summary judgment as premature, it is no longer pending and no defendant has an
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obligation to oppose it. Even if the motion were still pending and the defendants
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had failed to oppose it, I still would not use their lack of opposition as a basis to
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enter default against them.3
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Accordingly, IT IS HEREBY ORDERED that Slocum’s Motion for Default
[ECF No. 17] is DENIED.
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DATED: October 31, 2017.
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___________________________________
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U.S. District Judge Jennifer A. Dorsey
Judge nnif
ct Judg Jennifer
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ECF No. 13.
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ECF No. 17.
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See Local Rule 7-2(d) (explaining that the failure to oppose some motions may be
deemed consent to granting the motion—unless it’s a motion for summary judgment
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or attorney’s fees).
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