Slaughter v. White et al

Filing 49

ORDER denying 46 Motion for Default Judgment signed by Hon. James P. Donohue.**2 PAGE(S), PRINT ALL**(Ossie Slaughter, Prisoner ID: 827869)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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OSSIE LEE SLAUGHTER,
Plaintiff,

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Case No. C16-1067-RSM-JPD

v.
ORDER DENYING PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT

DAN WHITE, et al.,
Defendants.

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This is a civil rights action brought under 42 U.S.C. § 1983. This matter comes before

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the Court at the present time on plaintiff’s motion for default judgment. The Court, having

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reviewed plaintiff’s motion, and the balance of the record, hereby ORDERS as follows:

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(1)

Plaintiff’s motion for default judgment (Dkt. 46) is DENIED. Plaintiff asserts in

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his motion that he is entitled to entry of a default judgment against defendants because

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defendants failed to file a timely response to his second amended complaint. However, the

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record makes clear that plaintiff’s second amended complaint has not yet been served on

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defendants and, thus, defendants have not had an opportunity, nor any obligation, to respond to

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the pleading. Plaintiff’s request for entry of a default judgment is therefore premature.

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ORDER DENYING PLAINTIFF’S MOTION
FOR DEFAULT JUDGMENT - 1

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(2)

The Clerk is directed to send copies of this Order to plaintiff and to the Honorable

Ricardo S. Martinez.
DATED this 14th day of June, 2017.

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER DENYING PLAINTIFF’S MOTION
FOR DEFAULT JUDGMENT - 2