Hernandez v. Carpenter

E.D. Washington

Hernandez v. Carpenter

DecidedApril 8, 2024

Docket2:24-cv-00009

StatusUnknown

This text of Hernandez v. Carpenter (Hernandez v. Carpenter) is published on Counsel Stack Legal Research, covering District Court, E.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hernandez v. Carpenter, (E.D. Wash. 2024).

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1 2 FILED IN THE U.S. DISTRICT COURT 3 EASTERN DISTRICT OF WASHINGTON Apr 08, 2024 4 SEAN F. MCAVOY, CLERK 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 9 BRYAN PAUL HERNANDEZ, 10 Petitioner, No. 2:24-CV-00009-SAB 11 v. 12 ERIC CARPENTER, ORDER DENYING MOTION 13 Respondent. FOR DEFAULT 14 15 Before the Court is Petitioner’s Motion for Default, ECF No. 22. Petitioner 16 is a civil detainee at Eastern State Hospital and is representing himself. The State 17 of Washington is represented by Amy Flanigan. 18 Petitioner asks the Court to enter an order and judgment of default because 19 Respondent’s motion for continuance was not granted and the deadline for 20 responding to the habeas petition has passed. 21 In its previous Order, the Court accepted Respondent’s answer to the 22 petition and set a deadline for Petitioner to file a reply. ECF No. As such, there is 23 no basis to enter default against Respondent. See Eitel v. McCool, 782 F.2d 1470, 24 1472 (9th Cir. 1986) (noting the general rule is that default judgments are 25 ordinarily disfavored because cases should be decided upon their merits whenever 26 reasonable possible). 27 // 28 // 1 Accordingly, IT IS HEREBY ORDERED: 1. Petitioner’s Motion for Default, ECF No. 22, is DENIED. 3 IT IS SO ORDERED. The District Court Clerk is hereby directed to enter this Order and provide copies to Plaintiff and counsel. 5 DATED this 8th day of April 2024. —O.. 9 byt Secta Stanley A. Bastian Chief United States District Judge

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER DENYING MOTION FOR DEFAULT ~ 2

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1 2 FILED IN THE U.S. DISTRICT COURT 3 EASTERN DISTRICT OF WASHINGTON Apr 08, 2024 4 SEAN F. MCAVOY, CLERK 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 9 BRYAN PAUL HERNANDEZ, 10 Petitioner, No. 2:24-CV-00009-SAB 11 v. 12 ERIC CARPENTER, ORDER DENYING MOTION 13 Respondent. FOR DEFAULT 14 15 Before the Court is Petitioner’s Motion for Default, ECF No. 22. Petitioner 16 is a civil detainee at Eastern State Hospital and is representing himself. The State 17 of Washington is represented by Amy Flanigan. 18 Petitioner asks the Court to enter an order and judgment of default because 19 Respondent’s motion for continuance was not granted and the deadline for 20 responding to the habeas petition has passed. 21 In its previous Order, the Court accepted Respondent’s answer to the 22 petition and set a deadline for Petitioner to file a reply. ECF No. As such, there is 23 no basis to enter default against Respondent. See Eitel v. McCool, 782 F.2d 1470, 24 1472 (9th Cir. 1986) (noting the general rule is that default judgments are 25 ordinarily disfavored because cases should be decided upon their merits whenever 26 reasonable possible). 27 // 28 // 1 Accordingly, IT IS HEREBY ORDERED: 1. Petitioner’s Motion for Default, ECF No. 22, is DENIED. 3 IT IS SO ORDERED. The District Court Clerk is hereby directed to enter this Order and provide copies to Plaintiff and counsel. 5 DATED this 8th day of April 2024. —O.. 9 byt Secta Stanley A. Bastian Chief United States District Judge

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER DENYING MOTION FOR DEFAULT ~ 2

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