SMITH JETER v. ARTSPACE EVERETT LOFTS CONDOMINIUM ASSOCIATION (2019)

MEMORANDUM ***

Wanda E. Smith-Jeter appeals pro se from the district court’s summary judgment in her action alleging a retaliation claim under the Fair Housing Act (“FHA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Walker v. City of Lakewood, 272 F.3d 1114, 1122 (9th Cir. 2001). We affirm.

The district court properly granted summary judgment because Smith-Jeter failed to raise a genuine dispute of material fact as to whether defendants subjected her to an adverse action. See id. at 1128 (elements of a prima facie retaliation claim under the FHA).

The district court did not abuse its discretion by denying Smith-Jeter’s request for default because defendants had appeared and indicated an intent to defend themselves in the action. See Fed. R. Civ. P. 55(a) (permitting the entry of default only when a defendant “has failed to plead or otherwise defend”); Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986) (standard of review and factors for determining whether to enter default judgment; default judgments are generally disfavored and cases should be decided on the merits whenever reasonably possible).

AFFIRMED.