IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

FRANK E. VOTH, 

Plaintiff, 

v. 

MARK NOOTH, et al., 

Defendants. 

MOSMAN, Judge. 

Case No. 2:14-cv-01855-AC 

ORDER 

Plaintiff, an inmate at the Snake River Correctional 

Institution, brings this civil rights action pursuant to 42 U.S.C. 

§ 1983. Currently before the Court are Plaintiff's Motion for 

Default Judgment (1133) and Motion for Injunctive Relief (#36). 

I. Motion for Default Judgment 

Plaintiff seeks entry default against the Defendants on the 

basis that Defendants did not file an Answer or other responsive 

pleading at the time Defendants filed their Waiver of Service with 

the Court, which was more than 90 days after the date Plaintiff's 

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Complaint was filed. The Notice of Lawsuit and Request for Waiver 

of Service of Summons (jfl3) issued by Magistrate Judge Acosta on 

January 28, 2015 provides as follows: 

If you [the Defendants] comply with this request and 

return the waiver to the court, no summons will be 

served. The action will then proceed as if you had been 

served on the date the waiver is filed. You must file 

an answer or other responsive pleading within the time 

limits set forth in Fed. R. Civ. P. 12 (a) (1) (A) or 

(a) (3). 

Doc. ltl3 (emphasis added) . 

Defendants filed their Waiver of Service with the Court on 

April 21, 2015. Defendants filed their Answer on May 11, 2015, 

which was within the time provided in Fed. R. Civ. P. 12(a). 

Accordingly, the Court DENIES Plaintiff's Motion for Default 

Judgment. 

II. Motion for Injunctive Relief 

Plaintiff seeks entry of a preliminary injunctive relief in 

the form of an order enjoining Defendant Banner from "being 

allowed to inflict cruel and unusual punishment upon Plaintiff,'' 

enjoining all Defendants from denying Plaintiff meaningful and 

effective access to the courts, and enjoining Defendants Nooth and 

Peters from refusing to release Plaintiff from the Administrative 

Segregation Unit. This is Plaintiff's fourth request for 

preliminary injunction. 

For the reasons set forth in the Court's orders denying 

Plaintiff's first three requests for preliminary injunction, the 

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Court denies Plaintiff's fourth request. With respect to the 

access to the court and release from administrative segregation 

claims, the Court notes those claims are not at issue in 

Plaintiff's Complaint. With respect to the cruel and unusual 

punishment claim against Defendant Banner, the Court notes 

Plaintiff provides no evidence Defendant Banner has or will 

inflict cruel and unusual punishment against Plaintiff. Because 

Plaintiff has not demonstrated any likelihood of success on the 

claims upon which preliminary injunctive relief is sought, he is 

not entitled to such relief. 

CONCLUSION 

For these reasons, the Court DENIES Plaintiff's Motion for 

Default Judgment (#33) and Plaintiff's Motion for Preliminary 

Injunction (#36). 

IT rs so ORDERED. 

DATED this ~ay of June, 2015. 

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