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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 OSSIE LEE SLAUGHTER, Plaintiff, 9 10 11 Case No. C16-1067-RSM-JPD v. ORDER DENYING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT DAN WHITE, et al., Defendants. 12 13 14 This is a civil rights action brought under 42 U.S.C. § 1983. This matter comes before 15 the Court at the present time on plaintiff’s motion for default judgment. The Court, having 16 reviewed plaintiff’s motion, and the balance of the record, hereby ORDERS as follows: 17 (1) Plaintiff’s motion for default judgment (Dkt. 46) is DENIED. Plaintiff asserts in 18 his motion that he is entitled to entry of a default judgment against defendants because 19 defendants failed to file a timely response to his second amended complaint. However, the 20 record makes clear that plaintiff’s second amended complaint has not yet been served on 21 defendants and, thus, defendants have not had an opportunity, nor any obligation, to respond to 22 the pleading. Plaintiff’s request for entry of a default judgment is therefore premature. 23 ORDER DENYING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT - 1 1 2 3 4 5 6 (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. A JAMES P. DONOHUE Chief United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER DENYING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT - 2

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