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)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROBERT DEAN GRIFFIN,
Case No. 3:17-cv-05394-RBL-TLF

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Plaintiff,

ROBERT HERZOG, et al,
Defendants.

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ORDER DENYING PLAINTIFF’S
MOTION FOR DEFAULT

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Before the Court is Plaintiff Robert Dean Griffin’s motion/declaration for entry of default

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(Dkt. 29) and motion for default judgment (Dkt. 30). For the reasons set forth herein, the

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motions are denied.

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BACKGROUND
On May 25, 2017, plaintiff filed a civil rights complaint alleging defendants violated his

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constitutional rights when they failed to treat his MRSA infection. Dkt. 3. On June 30, 2017,

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plaintiff filed a first amended complaint alleging that he was denied food, personal hygiene, and

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exercise. Dkt. 13. On July 6, 2017, defendants objected to the amended complaint based on the

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confusion of issues and defendants. Dkt. 14. On the same day, plaintiff filed a second amended

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complaint. Dkt. 16. Defendants again objected based on the confusion resulting from the second

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amendment and, in the alternative, moved for a more definite statement under Fed. R. Civ. P.

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ORDER DENYING PLAINTIFF’S MOTION FOR
DEFAULT - 1

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12(e). Dkt. 19. That motion is still pending. On July 28, 2017, plaintiff filed his motions for

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entry of a default judgment. Dkts. 29, 30.

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DISCUSSION

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According to the Federal Rules of Civil Procedure, if a motion is filed under Rule 12, the

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deadline for a responsive pleading changes according to a court’s disposition of the motion. Fed.

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R. Civ. P. 12(a)(1). If the Court grants defendants’ motion for a more definite statement,

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defendants’ responsive pleading is due within 14 days of plaintiff’s service of a more definite

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statement. Id. at 12(a)(4)(B). If the Court denies defendants’ motion for a more definite

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statements, defendants’ answer shall be due within 14 days of the denial. Id. at 12(a)(4)(A).

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Thus, a responsive pleading is not yet due and plaintiff’s request that a default judgment be

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entered against defendants is premature.

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Accordingly, it is ORDERED:

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(1)

Plaintiff’s motions for default judgment (Dkts. 29 and 30) are DENIED.

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(2)

The Clerk is directed to send a copy of this Order to plaintiff and to counsel for

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defendants.
Dated this 3rd day of August, 2017.

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A

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Theresa L. Fricke
United States Magistrate Judge

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ORDER DENYING PLAINTIFF’S MOTION FOR
DEFAULT - 2