Hernandez v. Carpenter

Opinion

1 2 FILED IN THE 3 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 4 Apr 23, 2024 5 SEAN F. MCAVOY, CLERK 8 10 Petitioner, No. 2:24-CV-00009-SAB 11 v. 13 Respondent. FOR RECONSIDERATION 14 15 Before the Court is Petitioner’s Motion for Reconsideration, ECF No. 24. 16 Petitioner is a civil detainee at Eastern State Hospital and is representing himself. 17 The State of Washington is represented by Amy Flanigan. 18 On April 8, 2024, the Court denied Petitioner’s Motion for Default. ECF No. 19 23. Petitioner asks the Court to reconsider this Order because as of April 14, 2024, 20 he had not been served a copy of the State of Washington’s response. 21 In response to Petitioner’s Motion for Reconsideration, counsel for the State 22 of Washington filed a Certificate of Service by Mail. ECF No. 25. Counsel 23 indicates Plaintiff was served with a copy of its Response by mail. Based on this 24 representation, the Court denies Petitioner’s Motion for Reconsideration. See Eitel 25 v. McCool, 782 F.2d 1470, 1472 (9th Cir. 1986) (noting the general rule is that 26 default judgments are ordinarily disfavored because cases should be decided upon 27 their merits whenever reasonable possible). 28 // 1 Accordingly, IT IS HEREBY ORDERED: 1. Petitioner’s Motion for Reconsideration, ECF No. 24, 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 23rd day of April 2024. —e... 9 ° bya Sect 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 RECONSIDERATION ~ 2