ZALAZAR

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

JUAN ZALAZAR,1 Civ. Action No. 24-381 (SDW) (AME)

Plaintiff,

v.

NEW JERSEY DEPARTMENT OF

CORRECTIONS, et al.,

Defendants.

JUAN ZALAZAR, Civ. Action No. 25-13287 (SDW) (AME)

Plaintiff,

v.

OPINION

OFFICER LUIS CORREA-MARTI, in his

August 5, 2026

individual capacity,

Defendant.

WIGENTON, District Judge.

Before this Court is Defendant Officer Luis Correa-Marti’s (“Defendant” or “Officer

Correa-Marti”) Motion to Vacate Default, Consolidate Cases 2:24-381 and 2:25-13287, and to

Dismiss pro se Plaintiff Juan Zalazar’s Amended Complaint (D.E. 20 (“Motion”)) pursuant to

Federal Rules of Civil Procedure 55(c), 42(a), and 12(b)(6). Jurisdiction is proper pursuant to 28

U.S.C. § 1331. Venue is proper pursuant to 28 U.S.C. § 1391. This opinion is issued without oral

1 The caption states “Juan Zalzar”; however, this Court has ascertained that Plaintiff’s name is Juan Zalazar.

argument pursuant to Rule 78 and Local Civil Rule 78.1. For the reasons stated herein, the Motion

is GRANTED.

I. FACTUAL AND PROCEDURAL BACKGROUND

At the heart of the instant matters are the events that unfolded on the night of December 4,

2023. Plaintiff, a resident of the Special Treatment Unit (“STU”), in Avenel, New Jersey pursuant

to the New Jersey Sexually Violent Predator Act, N.J. Stat. Ann. §§ 30:4-27.24 et seq., claims that

his rights were violated when his property was destroyed on that night.

Plaintiff claims that from around 7 to 8:15 p.m., several correction officers conducted a

random search of his room, which is in the STU’s North Unit. (Dkt. No. 24-381, D.E. 11-1

(“Amended Complaint” or “AC”) ¶¶ 20–21, 23.) In the process of conducting the search, these

officers removed “a large quantity of Plaintiff’s personal property,” piling it “just outside” of

Plaintiff’s room and in the North Unit dayroom. (Id. ¶ 22.) Knowing that the lock-in count was

at 9 p.m., Plaintiff was in the process of quickly trying to return his property to his room when he

claims that Defendant Sergeant Parmar (“Parmar”) suddenly appeared and told Plaintiff “residents

[were] not permitted to store any personal property in [the] North Unit dayroom,” and kept walking

to the officers’ desk area. (Id. ¶¶ 25–26.)

Plaintiff proceeded to the desk area to explain what he was doing and why, but was rebuffed

by Parmar, who then told him: “Go to your room and lock in now.” (Id. ¶¶ 27–31.) Plaintiff

responded, “If I lock in, how do I get my property out of the dayroom and inside my cell?” while

“articulating his arms and hands towards his cell and property on the floor of the dayroom.” (Id.

¶ 31.) Parmar responded by ordering Plaintiff to place his hands behind his back, handcuffing

him, and placing him in Temporary Close Custody (“TCC”).2 (Id. ¶ 32.) Plaintiff claims that

2 Plaintiff claims he was denied sex offender specific treatment for months, leading him to be ineligible for

a work assignment due to being in TCC. (Id. ¶ 36.)

while he was handcuffed, Officer Correa-Marti appeared and destroyed his personal property,

including a shoe rack which was of sentimental value to Plaintiff. (Id. ¶ 33.) Plaintiff asserts that

on that same night, another officer prepared a document describing the event but failed to interview

Plaintiff or conduct a greater investigation to verify Parmar’s version of the events. (Id. ¶ 34.)

On January 23, 2024, Plaintiff filed Case Number 2:24-381 (hereinafter, “the First

Action”).3 In the First Action, Plaintiff asserts a Fourteenth Amendment due process clause

violation claim against Defendant Correa-Marti for the “impermissible” destruction of his personal

property. (Id. at 19–21.) On July 12, 2024, Paula Francis accepted the summons for Defendant

Correa-Marti, as effectuated by the United States Marshals Service. (Dkt. 24-381, D.E. 12.) On

February 21, 2025, the Clerk’s Office entered default judgment against Defendant Correa-Marti

pursuant to Plaintiff’s February 11, 2025 request. (Dkt. No. 24-381, D.E. 15.)

Less than six months later, on July 14, 2025, Plaintiff initiated Case Number 2:25-13287

(hereinafter, “the Second Action”). (Dkt. No. 25-13287, D.E. 1.) In the Second Action, Plaintiff

asserts the following causes of action solely against Defendant Correa-Marti: denial of reasonable

access to the courts in violation of the First and Fourteenth Amendments (Count I) and retaliation

in violation of the Fourteenth Amendment’s due process clause (Count II).4 (Dkt. No. 25-13287,

3 In its April 16, 2024 decision, this Court dismissed all but two claims of Plaintiff’s initial Complaint.

(Dkt. No. 24-381, D.E. 4 at 5–7.) This Court “liberally construe[d] the [C]omplaint to allege Officer

[Correa-Marti] conducted an unreasonable seizure of Plaintiff’s property, his shoe rack, in violation of the

Fourteenth Amendment,” and stated that claim could proceed. (Id. at 6.) Additionally, this Court ruled

Plaintiff’s claim against Major John Doe, the STU’s Institutional Search Plan Coordinator, for a custom of

ignoring Defendant Correa-Marti’s unreasonable search and seizure practices could proceed. (Id.)

However, after receiving a letter from Plaintiff seeking clarification as to the status of his claims against

Defendants Mirra and Parmar, (Dkt. No. 24-381, D.E. 7), this Court issued an order on June 4, 2024

clarifying Plaintiff could allege additional facts to cure the deficiencies in his claims against those

Defendants or raise additional claims, (Dkt. No. 24-381, D.E. 9). On July 2, 2024, Plaintiff filed an

Amended Complaint, which is the operative pleading. (Dkt. No. 24-381, D.E. 11.)

4 This Court construes Count II as asserting a due process claim pursuant to the Fourteenth Amendment

and not as a First Amendment retaliation claim.

D.E. 1 at 4–5.) Plaintiff complains that on or about May 14, 2025, following the search of his

room by four officers, including Defendant Correa-Marti, Plaintiff discovered several personal

property items, including legal documents pertaining to the First Action, had been “seized by . . .

Defendant.” (Id. at 2–3.) Plaintiff maintains that his legal documents were wrongly and

unjustifiably confiscated as an act of reprisal. (Id. at 4–5.)

On January 30, 2026, Defendant Correa-Marti filed the instant Motion. Defendant seeks

to vacate the default judgment entered in the First Action, consolidate the two matters, and moves

to dismiss both cases for failure to state a claim. Plaintiff timely opposed. This Court addresses

each portion of Defendant’s Motion in turn.

II. DISCUSSION

A. Motion to Vacate Default

Under Federal Rule of Civil Procedure (“Rule”) 55(c), a court may set aside a Clerk’s entry

of default for “good cause.” Fed. R. Civ. P. 55(c). The Third Circuit “does not favor entry of

defaults or default judgments.” United States v. $55,518.05 in U.S. Currency, 728 F.2d 192, 194

(3d Cir. 1984) (emphasizing that cases should be disposed of on the merits whenever practicable).

To determine whether good cause exists, a court weighs: (1) whether the plaintiff will be

prejudiced, (2) whether the defendant has a meritorious defense, and (3) whether the default

resulted from the defendant’s culpable conduct. Id. at 194–95.

A meritorious defense exists when the defendant’s allegations, if established at trial, would

constitute a complete defense. Mrs. Ressler’s Food Prods. v. KZY Logistics LLC, 675 F. App’x

136, 140 (3d Cir. 2017) (explaining that a defendant must allege specific facts beyond simple

denials but need not satisfy summary judgment standards). The culpability inquiry asks whether

the defendant’s conduct rose to the level of willfulness or bad faith—more than mere negligence,

but less than knowing disregard. Id. at 141.

Defendant Correa-Marti argues good cause exists to vacate the default judgment previously

entered against him. (Dkt. No. 24-381, D.E. 20-1 (“Mov. Br.”) at 21, 28.) First, he notes he was

never properly served in Plaintiff’s initial lawsuit and thus there can be no prejudice against

Plaintiff or a finding of bad faith on his part. (Id. at 25–28.) More specifically, Defendant notes

he was never personally served with the Complaint and summons and that Paula Francis, the

individual who allegedly received service, certifies she did not accept service on Defendant’s

behalf. (Id. at 26–27; Dkt. No. 24-381, D.E. 20-2, Francis Certification ¶¶ 8–9 (certifying she did

not authorize anyone at the STU to accept service and that her signature does not appear on the

proof of service form).) Second, Defendant maintains he has several meritorious defenses, such

as being entitled to qualified immunity. (Mov. Br. at 24.) Lastly, Defendant cites the confusion

pertaining service of process and the delay in receiving these cases in support of his argument that

he has demonstrated excusable neglect warranting an extension of time to respond to Plaintiff’s

Complaint. (Id. at 28.)

Plaintiff counters that Defendant has failed to meet his burden on each of these factors.

(Dkt. No 24-381, D.E. 21 at 17–20.) In particular, Plaintiff argues Paula Francis’s declaration

does not meet a hearsay exception and that Defendant’s failure to submit his own certification is

detrimental to his request to vacate default. (Id. at 19–20.)

Although the service of the Amended Complaint is questionable, this Court assumes

Defendant Correa-Marti was properly served for the purposes of this Motion. Even making this

assumption, Defendant Correa-Marti has demonstrated good cause to vacate the entry of default

in this matter. Not only does Defendant assert viable defenses, but the litigation is in the early

stages. To deny the Motion to Vacate and allow the default to stand would produce an unfair result

and go against the Third Circuit’s preference that matters be adjudicated on their merits. See In re

$55,518.05 in U.S. Currency, 728 F.2d at 195. Lastly, there is no indication Defendant acted

willfully or in bad faith. Upon receiving proper notice in the Second Action, Defendant obtained

counsel, sought an extension of time to answer or otherwise move, and subsequently filed this

Motion. (Dkt. No. 25-13287, D.E. 6, 9, 10.) Thus, there is good cause to vacate the entry of

default.

B. Motion to Consolidate

Rule 42(a)(2) permits a court to consolidate actions involving “a common question of law

or fact.” Consolidation “does not merge the suits into a single cause, or change the rights of the

parties, or make those who are parties in one suit parties in another.” In re TMI Litig., 193 F.3d

613, 724 (3d Cir. 1999) (quoting Johnson v. Manhattan Ry. Co., 289 U.S. 479, 497 (1933)).

Consolidation “is only a matter of ‘convenience and economy in administration,’” with its purpose

being to “streamline and economize pretrial proceedings so as to avoid duplication of efforts, and

to prevent conflicting outcomes in cases involving similar legal and factual issues.” Id. (first

quoting Johnson, 289 U.S. at 497, then quoting In re Prudential Sec. Inc. Ltd. P’ship Litig., 158

F.R.D. 562, 571 (S.D.N.Y. 1994)). “District courts enjoy substantial discretion in deciding

whether and to what extent to consolidate cases.” Hall v. Hall, 584 U.S. 59, 77 (2018) (citing 9A

Wright & Miller § 2383 (collecting cases)). Courts weigh “the interests of judicial economy

against the potential for new delays, expense, confusion, or prejudice.” In re Consol. Parlodel

Litig., 182 F.R.D. 441, 444 (D.N.J. 1998) (citation omitted). The moving party bears the burden

of showing consolidation is appropriate. Heaps v. Delaware Valley Reg’l High Sch. Bd. of Educ.,

No. 24-107, 2026 WL 2192214, at *4 (D.N.J. July 30, 2026).

This Court finds consolidation is warranted. Both actions involve common questions of

fact and law. Indeed, the Second Action is borne out of the events and allegations in the First

Action, with overlapping parties. Plaintiff alleges similar causes of actions across the two

matters—namely violations of his Fourteenth Amendment rights. Both matters are at the early

stages of litigation. Given the overlap, and in the interest of judicial efficiency, consolidation is

appropriate.

C. Motion to Dismiss

i. Legal Standard

When deciding a motion to dismiss under Rule 12(b)(6) for failure to state a claim upon

which relief may be granted, federal courts “must accept all factual allegations in the complaint as

true, construe the complaint in the light favorable to the plaintiff,” and determine “whether [the]

plaintiff may be entitled to relief under any reasonable reading of the complaint.” Mayer v.

Belichick, 605 F.3d 223, 229 (3d Cir. 2010). The analysis involves a two-step approach. Fowler

v. UPMC Shadyside, 578 F.3d 203, 210–11 (3d Cir. 2009). First, the Court parses between the

factual and legal elements of a claim, treating “all of the complaint’s well-pleaded facts as true,”

but disregarding any legal conclusions. Id.; Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)

(“Threadbare recitals of the elements of a cause of action, supported by mere conclusory

statements, do not suffice.”). Second, the Court considers “whether the facts alleged in the

complaint are sufficient to show that the plaintiff has a ‘plausible claim for relief.’” Fowler, 578

F.3d at 211 (quoting Iqbal, 556 U.S. at 679).

When a plaintiff pleads factual content that enables the Court to draw “the reasonable

inference that the defendant is liable for the misconduct alleged,” a claim has facial plausibility.

Connelly v. Lane Constr. Corp., 809 F.3d 780, 786 (3d Cir. 2016) (quoting Iqbal, 556 U.S. at 678).

Determining whether the allegations in a complaint are “plausible” is “a context-specific task that

requires the reviewing court to draw on its judicial experience and common sense.” Iqbal, 556

U.S. at 679. If the “well-pleaded facts do not permit the court to infer more than the mere

possibility of misconduct,” the complaint should be dismissed for failing to “show[] that the

pleader is entitled to relief” as required by Rule 8(a)(2). Id. Moreover, while pro se pleadings are

liberally construed, “pro se litigants still must allege sufficient facts in their complaints to support

a claim.” Mala v. Crown Bay Marina, Inc., 704 F.3d 239, 245 (3d Cir. 2013).

ii. Analysis

Across both cases, Plaintiff claims he was wrongfully deprived of his shoe rack and other

personal effects in the First Action, and his legal papers in the Second Action, in violation of his

Fourteenth Amendment due process rights. Defendant argues both these claims are barred because

meaningful post-deprivation remedies for the losses exist and Plaintiff does not plead that these

remedies “were unavailable or constitutionally inadequate.” (Mov. Br. at 36–40.) Defendant also

moves to dismiss Plaintiff’s deprivation of access to courts claim, arguing Plaintiff’s failure to

plead a concrete litigation injury, in the form of a missed deadline, rejected filing, dismissal, or

“any other specific court harm,” is detrimental to the claim. (Mov. Br. at 34–36.) The viability of

each claim is addressed below.

a. Due Process Claims

Plaintiff has not adequately pled that Defendant deprived him of his property in violation

of his due process rights. An unauthorized deprivation of property by a state actor, whether

intentional or negligent, does not constitute a procedural due process violation so long as adequate

state-post deprivation remedies are available. Hudson v. Palmer, 468 U.S. 517, 533 (1984). For

both intentional and negligent deprivations, “the state’s action is not complete until and unless it

provides or refuses to provide a suitable post[-]deprivation remedy.” Id. Plaintiff’s pleadings fail

to set forth what, if any, post-deprivation remedy he has availed himself of, whether he was refused

a remedy, or how the post-deprivation remedy was inadequate. See Farmer v. Plumeri, No. 22-

957, 2023 WL 7151368, at *7 (D.N.J. Oct. 31, 2023) (dismissing a pro se plaintiff’s deprivation

of property claim for failure to state a claim where the plaintiff failed to allege the damage or

destruction of his property was accomplished through an established state procedure).

b. Denial of Access to Courts Claim

Next, this Court turns to Plaintiff’s deprivation of access to courts claim. Inmates have a

constitutional right to “adequate, effective, and meaningful” access to the courts. Bounds v. Smith,

430 U.S. 817, 822 (1977). A prima facie claim of denial of access to courts requires allegations

that (1) prison officials impeded a plaintiff’s access to courts and (2) the plaintiff suffered actual

injury from his ability to access the courts. Lewis v. Casey, 518 U.S. 343, 351 (1996); Rivera v.

Monko, 37 F.4th 909, 914–15 (2022). For actual injury, a plaintiff must allege that the denial of

access to legal materials caused a potentially meritorious claim to fail. See Rivera, 37 F.4th at 915.

Here, to the extent that Defendant Correa-Marti’s actions could be construed as impeding

Plaintiff’s access to the courts, Plaintiff’s failure to allege an actual injury is detrimental to his

claim. Plaintiff does not make any specific allegations as to how his ability to litigate either one

of the actions before the undersigned has been hindered, impeded, or frustrated. On the contrary,

Plaintiff timely opposed the instant Motion, which demonstrates Plaintiff’s ability to receive mail

and service is unimpeded. Plaintiff’s denial of access to courts claim is hereby dismissed.

III. CONCLUSION

In sum, Plaintiff’s Amended Complaint in the First Action (Dkt. No. 24-381) and

Complaint in the Second Action (Dkt. No. 25-13287) are DISMISSED WITHOUT

PREJUDICE. Plaintiff shall have thirty (30) days from the date of this opinion to file a Second

Amended Complaint. Should Plaintiff elect to do so, the Second Amended Complaint will be filed

in the First Action (Dkt. No. 24-381), as these matters are now consolidated.

For the reasons stated above, Defendant’s Motion is GRANTED.5 An appropriate order

follows.

/s/ Susan D. Wigenton

SUSAN D. WIGENTON, U.S.D.J.

Orig: Clerk

cc: Parties

André M. Espinosa, U.S.M.J.

5 Given that this Court dismissed the Complaint in the Second Action, Defendant’s request for an extension

to answer, move, or otherwise respond in said action is deemed moot.