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Mincy v. Deparlos

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


May 7, 2010

HILTON KARRIEM MINCY, PLAINTIFF,
v.
WARDEN DEPARLOS, ET AL., DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 7th day of May, 2010, upon consideration of plaintiff's motion for sanctions (Doc. 55) based upon defendants' failure to cooperate in discovery*fn1 , and it appearing that the only relief sought by plaintiff is an entry of default judgment against defendants*fn2 (Doc. 55, at 2, ¶ 14), and it further appearing that entry of judgment by default pursuant to Rule 55(b)(2) is within the discretion of the trial court, Hritz v. Woma Corp., 732 F.2d 1178, 1180 (3d Cir.1984), and that because the United States Court of Appeals for the Third Circuit has emphasized that such "discretion is not without limits" and has repeatedly stated a preference that "cases be disposed of on the merits whenever practicable," id. at 1180-81 (citations omitted), it is hereby ORDERED that plaintiff's motion for sanctions (Doc. 55) in the form of an entry of default judgment is DENIED.


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