Slocum v. Williams et al

Filing 18

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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Jeffrey D. Slocum, 5 Plaintiff 6 v. 7 2:16-cv-02169-JAD-CWH Order Denying Motion for Default Glenn Fowler, et. al., 8 [ECF No. 17] Defendants 9 10 On October 10, 2017, I denied without prejudice plaintiff Jeffrey Slocum’s 11 motion for summary judgment in this prisoner civil-rights case as premature 12 because it was filed before any defendant had even been served.1 Yet, two weeks 13 later, Slocum moved the court to enter default against the defendants because none 14 had opposed the motion for summary judgment.2 Because I denied the motion for 15 summary judgment as premature, it is no longer pending and no defendant has an 16 obligation to oppose it. Even if the motion were still pending and the defendants 17 had failed to oppose it, I still would not use their lack of opposition as a basis to 18 enter default against them.3 19 20 Accordingly, IT IS HEREBY ORDERED that Slocum’s Motion for Default [ECF No. 17] is DENIED. 21 DATED: October 31, 2017. 22 ___________________________________ ____________ ___ _ __ __ ___ U.S. District Judge Jennifer A. Dorsey Judge nnif ct Judg Jennifer nn 23 24 25 1 ECF No. 13. 2 ECF No. 17. 26 27 28 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 3 or attorney’s fees).

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