Brandon v. Allbert et al

Filing 18

ORDER denying plaintiff's 17 Motion for Default Judgment. A COPY OF THIS ORDER HAS BEEN MAILED TO PLAINTIFF TODAY. Signed by Hon. Mary Alice Theiler.(GB)

01 02 03 04 05 06 07 08 MYRON BRANDON, 09 10 11 12 13 14 This matter comes before the Court on plaintiff's motion for default judgment. The UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Plaintiff, ) ) v. ) ) SHERYL ALLBERT, et al., ) ) Defendants. ) ____________________________________ ) CASE NO. C10-0360-JCC-MAT ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

15 Court, having considered plaintiff's motion, and the balance of the record, does hereby find and 16 ORDER as follows: 17 (1) Plaintiff's motion for default judgment (Dkt. No. 17) is DENIED. Plaintiff

18 asserts in the instant motion that he is entitled to entry of judgment in his favor because 19 defendants violated this Court's March 23, 2010 Order directing that they file an answer to 20 plaintiff's complaint within 60 days. The record reflects that Dr. Allbert and Superintendent 21 Frakes timely filed their answer to plaintiff's complaint on May 19, 2010. (Dkt. No. 13.) 22 Plaintiff's motion is therefore moot with respect to these two defendants.

ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT PAGE -1

01

While Dr. Andrews did not file his answer until June 17, 2010 (see Dkt. No. 16), the

02 record suggests that this delay is likely attributable to the fact that the service address provided 03 by plaintiff for Dr. Andrews was not current and, thus, Dr. Andrews did not receive the service 04 packet mailed by the Court until on or about May 4, 2010 (see Dkt. No. 12). Thus, Dr. 05 Andrews' failure to file a timely answer is clearly justified. 06 (2) The Clerk is directed to send a copy of this Order to plaintiff and to counsel for

07 defendants. 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 DATED this 22nd day of June, 2010.

A

Mary Alice Theiler United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT PAGE -2