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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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
nn

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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).