Opinion
Case No. C07-5240RBL.
July 2, 2007
ORDER
This matter comes before the Court on three motions by Plaintiff. The court has considered the pleadings filed in support of and in opposition to the motion and the file herein.
Plaintiff's Emergency MOTION to Compel mental competency hearing for Judge Ronald Leighton to EVALUATE his "mental fitness/compentency" [sic] for public duty as a judge, Dkt. #56, is DENIED.
Plaintiff's motions for Default Judgment must be denied because the defendants in question properly responded to Plaintiff's complaint or are no longer parties to this action. CR 55 governs defaults: "Upon motion by a party . . . the clerk shall enter the default of any party against whom a judgment for affirmative relief is sought but who has failed to plead or otherwise defend." Filing either a motion to dismiss under Fed.R.Civ.P. 12(b)(6) or a motion for summary judgment under Fed.R.Civ.P. 56 is a sufficient response, if timely, to avoid an entry of default.
Plaintiff's Proposed MOTION for Default Judgment for not filing a RESPONSE before time ran out to file it, Dkt. #53, is therefore DENIED because defendant Steve Petrucelli timely moved for summary judgment, Dkt. # 12; defendant "George Bush Jr." (presumed to be George W. Bush, the president of the United States) timely moved to dismiss, Dkt. #16; defendant Christine Gregoire timely moved for summary judgment, Dkt. #9, and claims against her have been remanded to state court, Dkt. #50; and defendant Mark Foutch has been dismissed from this action, Dkt. #50.
Plaintiff's Proposed MOTION for Default Judgment against the American Dental Association and the American Medical Association for not filing responses before time ran out, Dkt. #54, is DENIED because those parties have also filed timely motions to dismiss, Dkt. #s 15, 18.
Therefore, it is hereby
ORDERED that Plaintiff's motions, Dkt. Nos. 53, 54, and 56 are DENIED.
The Clerk is directed to send uncertified copies of this Order to all counsel of record and to any party appearing pro se at said party's last known address.