Slocum v. Williams et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Jeffrey D. Slocum,
Order Denying Motion for Default
Glenn Fowler, et. al.,
[ECF No. 17]
On October 10, 2017, I denied without prejudice plaintiff Jeffrey Slocum’s
motion for summary judgment in this prisoner civil-rights case as premature
because it was filed before any defendant had even been served.1 Yet, two weeks
later, Slocum moved the court to enter default against the defendants because none
had opposed the motion for summary judgment.2 Because I denied the motion for
summary judgment as premature, it is no longer pending and no defendant has an
obligation to oppose it. Even if the motion were still pending and the defendants
had failed to oppose it, I still would not use their lack of opposition as a basis to
enter default against them.3
Accordingly, IT IS HEREBY ORDERED that Slocum’s Motion for Default
[ECF No. 17] is DENIED.
DATED: October 31, 2017.
U.S. District Judge Jennifer A. Dorsey
ct Judg Jennifer
ECF No. 13.
ECF No. 17.
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
or attorney’s fees).
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