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.