“An entry of default is what the clerk enters when the default is established by affidavit or otherwise. Fed. R. Civ. P. 55(a
How later courts described this case
- “An entry of default is what the clerk enters when the default is established by affidavit or otherwise. Fed. R. Civ. P. 55(a
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JAMES ALBERT HODGE, JR. CIVIL ACTION
VERSUS NO. 23-2173
LOUISIANA OFFICE OF MOTOR SECTION: “P” (3)
VEHICLES, ET AL
ORDER
Before the Court is pro se Plaintiff James Albert Hodge, Jr.’s Motion for Default Judgment
(R. Doc. 18). For the following reasons, the motion is DENIED.
I. PROCEDURAL BACKGROUND
Plaintiff initially filed this action against the Louisiana Office of Motor Vehicles (“OMV”),
Stephane Porter (“Porter”), and three other OMV employees identified by their first names only—
Sofia, Andrea, and Brian—alleging that OMV, through Porter, Sofia, Andrea, and Brian,
improperly refused to issue a license plate to Plaintiff on the incorrect basis that he owed past-due
highway taxes.1 OMV and Porter then filed a motion to dismiss, pursuant to which this Court
dismissed Plaintiff’s claims against OMV and Porter with prejudice.2 The only defendants that
remain are Sofia, Andrea, and Brian.
II. LAW AND ANALYSIS
Under Federal Rule of Civil Procedure 55(b), a default judgment may be entered against a
party when it fails to plead or otherwise respond to a complaint within the required time period.3
A plaintiff who seeks a default judgment against an unresponsive defendant must proceed
through two steps. The plaintiff must first petition the court for the entry of default against the
1 R. Doc. 4.
2 R. Doc. 13.
3 FED. R. CIV. P. 55(b).
defendant. The plaintiff's request for the entry of default must show “by affidavit or
otherwise” that the defendant “has failed to plead or otherwise defend.’ After plaintiff's
request is granted and the defendant’s default has been entered, the plaintiff may then move for a
default judgment.”
Here, Plaintiff moves this Court to enter a default judgment against Defendants, but
Plaintiff did not first seek an entry of default. The Fifth Circuit has instructed district courts to give
pro se papers “a liberal construction.”® But pro se litigants are not exempt from compliance with
relevant rules of procedural and substantive law.’
Plaintiff's motion clearly seeks default judgment, not an entry of default, as Plaintiff
references certain requirements for entering default judgment under Federal Rule of Civil
Procedure 55(b)* and asserts that the Court should rule in his favor “for not only the wrong but the
time and money [he has] spent.”? Because the Court can only enter a default judgment after an
entry of default, Plaintiffs motion must be denied.!°
Accordingly, IT IS ORDERED that Plaintiff James Albert Hodge, Jr.’s Motion for Default
Judgment (R. Doc. 18) is DENIED.
New Orleans, Louisiana, this 17th day of May 2024.
DARREL KMES PAPILLION
UNITED STATES DISTRICT JUDGE
4 FED. R. CIv. P. 55(a).
5 Meyer v. Bayles, 559 F. App’x 312, 313 (5th Cir. 2014) (per curiam).
® Brown v. Sudduth, 675 F.3d 472, 477 (Sth Cir. 2012).
’ Birl y, Estelle, 660 F.2d 592, 593 (5th Cir. 1981); Beard v. Experian Info. Sols. Inc., 214 F. App’x 459, 462 (5th Cir.
2007).
8 See R. Doc. 18 at 3.
9 Id. at 2.
10 See New York Life Ins. Co. v. Brown, 84 F.3d 137, 141 (5th Cir. 1996) (“An entry of default is what the clerk enters
when the default is established by affidavit or otherwise. Fed. R. Civ. P. 55(a). After defendant’s default has been
entered, plaintiff may apply for a judgment based on such default. This is a default judgment.” (emphasis in original).