Timothy Davis v. CO Shawnathon Blankenship

Charleston, West Virginia prisoner civil rights lawyer represented the Plaintiff.

Plaintiff filed a Complaint in this court on January 5, 2023. Summonses were served on Defendants Jones, Frye, and Blankenship on March 30, 2023, and Defendant Chris Adkins on April 3, 2023. Defendants Jones, Frye, and Blankenship's Answers were due on April 20, 2023. On April 21, 2023, this court entered an order directing the clerk to enter default against Defendants Jones, Frye, and Blankenship, who failed to timely file a responsive pleading. Later that day, the clerk entered default as to those defendants.



On April 24, 2023-the deadline for Defendant Adkins' Answer-Defendants Jones, Adkins, and Frye filed their joint Answer. Defendant Blankenship has never answered or otherwise responded to Plaintiff's Complaint.



The parties now move to set aside the default entered against Defendants Jones, Frye, and Blankenship, citing "counsel's own error in calculating the due date for a responsive pleading” and a lack of service on Defendant Blankenship.

ORDER pursuant to the Court being advised by counsel of the pending settlement of this action, the Court ORDERS that the remaining requirements of the Scheduling Order be continued; that the Clerk retire this action from the active docket; the parties may submit an agreed order of dismissal within thirty days of the entry of this Order; otherwise, dismissal will be without prejudice; the court will reinstate this case to the active docket if one of the parties shows good cause for such reinstatement within thirty days of the entry of this Order. Signed by Judge Joseph R. Goodwin on 10/11/2024. (cc: counsel of record; any unrepresented party) (msa)