Hernandez v. Carpenter

FILED IN THE 3 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 4 Apr 23, 2024 5 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON BRYAN PAUL HERNANDEZ, 10 Petitioner, No. 2:24-CV-00009-SAB 11 v. ERIC CARPENTER, ORDER DENYING MOTION 13 Respondent. FOR RECONSIDERATION 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. 23. Petitioner asks the Court to reconsider this Order because as of April 14, 2024, 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 of Washington filed a Certificate of Service by Mail. ECF No. 25. Counsel indicates Plaintiff was served with a copy of its Response by mail. Based on this representation, the Court denies Petitioner’s Motion for Reconsideration. See Eitel v. McCool, 782 F.2d 1470, 1472 (9th Cir. 1986) (noting the general rule is that default judgments are ordinarily disfavored because cases should be decided upon 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... ° bya Sect Stanley A. Bastian Chief United States District Judge ORDER DENYING MOTION FOR RECONSIDERATION ~ 2