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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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

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