Griffin v. Herzog et al
Filing
38
ORDER denying 29 Motion for Default and denying 30 Motion for Default Judgment. Signed by Magistrate Judge Theresa L Fricke.**2 PAGE(S), PRINT ALL**(Robert Griffin, Prisoner ID: 851075)(CMG)
1
2
3
4
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
5
6
7
ROBERT DEAN GRIFFIN,
Case No. 3:17-cv-05394-RBL-TLF
8
9
10
Plaintiff,
ROBERT HERZOG, et al,
Defendants.
11
12
ORDER DENYING PLAINTIFF’S
MOTION FOR DEFAULT
v.
Before the Court is Plaintiff Robert Dean Griffin’s motion/declaration for entry of default
13
(Dkt. 29) and motion for default judgment (Dkt. 30). For the reasons set forth herein, the
14
motions are denied.
15
16
BACKGROUND
On May 25, 2017, plaintiff filed a civil rights complaint alleging defendants violated his
17
constitutional rights when they failed to treat his MRSA infection. Dkt. 3. On June 30, 2017,
18
plaintiff filed a first amended complaint alleging that he was denied food, personal hygiene, and
19
exercise. Dkt. 13. On July 6, 2017, defendants objected to the amended complaint based on the
20
confusion of issues and defendants. Dkt. 14. On the same day, plaintiff filed a second amended
21
complaint. Dkt. 16. Defendants again objected based on the confusion resulting from the second
22
amendment and, in the alternative, moved for a more definite statement under Fed. R. Civ. P.
23
24
25
ORDER DENYING PLAINTIFF’S MOTION FOR
DEFAULT - 1
1
12(e). Dkt. 19. That motion is still pending. On July 28, 2017, plaintiff filed his motions for
2
entry of a default judgment. Dkts. 29, 30.
3
DISCUSSION
4
According to the Federal Rules of Civil Procedure, if a motion is filed under Rule 12, the
5
deadline for a responsive pleading changes according to a court’s disposition of the motion. Fed.
6
R. Civ. P. 12(a)(1). If the Court grants defendants’ motion for a more definite statement,
7
defendants’ responsive pleading is due within 14 days of plaintiff’s service of a more definite
8
statement. Id. at 12(a)(4)(B). If the Court denies defendants’ motion for a more definite
9
statements, defendants’ answer shall be due within 14 days of the denial. Id. at 12(a)(4)(A).
10
Thus, a responsive pleading is not yet due and plaintiff’s request that a default judgment be
11
entered against defendants is premature.
12
Accordingly, it is ORDERED:
13
(1)
Plaintiff’s motions for default judgment (Dkts. 29 and 30) are DENIED.
14
(2)
The Clerk is directed to send a copy of this Order to plaintiff and to counsel for
15
16
defendants.
Dated this 3rd day of August, 2017.
17
18
A
19
20
Theresa L. Fricke
United States Magistrate Judge
21
22
23
24
25
ORDER DENYING PLAINTIFF’S MOTION FOR
DEFAULT - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?