Opinion

Ceasar v. Louisiana Department of Corrections

Court
District Court, M.D. Louisiana
Filed
Jul 26, 2019
Cited by
0 cases
Authority
More cited than 22.4%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

ROBERT CEASAR (#388150) CIVIL ACTION NO.

VERSUS 17-1691-SDD-EWD

LA DEPT. OF PUBLIC SAFETY

AND CORRECTIONS, ET AL.

ORDER

Before the Court is a “Reurgence of Motion for Judgment by Default; and Objection to

Motion to Dismiss by Defendants” (“Motion”) filed by Plaintiff.1 Pursuant to Federal Rule of

Civil Procedure 55(b)(2), following a defendant’s default and the Clerk’s entry of default, this

Court may enter a default judgment.2 Accordingly, only after a defendant’s default has been

entered may a plaintiff apply for a judgment based on such default, i.e., default judgment.3 Here,

Plaintiff requests default judgment before any default has been entered or requested.4 Thus, the

request is procedurally improper and default judgment is denied.

Also included in this Motion is an objection to the motion to dismiss, which this Court

construes as an opposition to the Motion to Dismiss in that Plaintiff provides arguments opposing

the Motion to Dismiss5 and requests that the Motion to Dismiss be “overruled.”6 Plaintiff’s

opposition will be considered along with the Motion to Dismiss and requires no further action at

this time.

1 R. Doc. 42.

2 See N.Y. Life Ins. Co. v. Brown, 84 F.3d 137, 141 (5th Cir. 1996).

3 Id.

4 Approximately five months after filing the instant Motion, Plaintiff filed a “Declaration for Entry of Default” (see

R. Doc. 53), which was denied by the Clerk of Court as the Defendants had filed responsive pleadings. (See R. Doc.

54).

5 R. Doc. 42.

6 R. Doc. 42, p. 14.

IT IS ORDERED that Plaintiff’s “Reurgence of Motion for Judgment by Default; and

Objection to Motion to Dismiss by Defendants”7 is DENIED, except that Plaintiff’s arguments in

opposition to the Motion to Dismiss will be considered.

Signed in Baton Rouge, Louisiana, on July 26, 2019.

S

ERIN WILDER-DOOMES

UNITED STATES MAGISTRATE JUDGE

7 R. Doc. 42.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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