AJABU v. HAMILTON COUNTY PROSECUTOR'S OFFICE et al

Filing 46

ENTRY - To prevail on a motion to reconsider, Ajabu must show that the ruling denying an entry of default judgment was based on an error of fact or law or that the Court misunderstood his motion. Ajabu has demonstrated no manifest error of law or fact and therefore the motion to reconsider [dkt 45 ] is denied. (See Entry.) Copy sent to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 2/23/2017. (JLS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

KOFI MODIBO AJABU,
Plaintiff,
vs.
HAMILTON COUNTY PROSECUTOR’S
OFFICE,
WAYNE STURTEVANT former Hamilton
County Prosecutor,
KEN ROBERTS Kofi Ajabu’s defense
attorney,
ROBERTS & BISHOP LAW OFFICE,
ESTATE OF KEVIN SCIONTI deceased, Kofi
Ajabu defense attorney,
SONIA LEERKAMP former Hamilton County
prosecutor,
BRUCE LEMMONS Commissioner, Indiana
Department of Corrections,
ERIC K. KOSELKE appeals attorney,
Defendants.

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No. 1:16-cv-02613-TWP-DKL

ENTRY
This matter is before the Court on Plaintiff Kofi Modibo Ajabu’s motion to reconsider the
denial of his motion for entry of default after final judgment was entered in this case. (Dkt. 45).
“Rule 59(e) allows a court to amend a judgment only if the petitioner can demonstrate a manifest
error of law or present newly discovered evidence.” Heyde v. Pittenger, 633 F.3d 512, 521 (7th
Cir. 2011) (internal quotation omitted); United States v. Resnick, 594 F.3d 562, 568 (7th Cir. 2010).
“A manifest error is not demonstrated by the disappointment of the losing party. It is the wholesale
disregard, misapplication, or failure to recognize controlling precedent.” Oto v. Metropolitan Life
Ins. Co., 224 F.3d 601, 606 (7th Cir. 2000) (internal quotations omitted). “Relief under Rules 59(e)

and 60(b) are extraordinary remedies reserved for the exceptional case….” Foster v. DeLuca, 545
F.3d 582, 584 (7th Cir. 2008).
In denying Ajabu’s request for entry of default against defendant Eric Koselke, the Court
explained that Koselke was not in default because he filed a timely notice of automatic initial
extension of time. As previously explained, although the Federal Rules of Civil Procedure do not
allow for an automatic initial extension of time, this Court’s Local Rule 6-1 specifically allows for
initial automatic extensions of time. In its Entry dated February 1, 2017 (Dkt. 41) the Court
explained that over Ajabu’s objection, entry of default was not legally appropriate.
To prevail on a motion to reconsider, Ajabu must show that the ruling denying an entry of
default judgment was based on an error of fact or law or that the Court misunderstood his motion.
Ajabu has demonstrated no manifest error of law or fact and therefore the motion to reconsider
[dkt 45] is denied.
IT IS SO ORDERED.

Date: 2/23/2017

Distribution:
David A. Arthur
OFFICE OF THE ATTORNEY GENERAL
[e-mail]
James O. Giffin
RILEY BENNETT & EGLOFF LLP
[e-mail]
Tasha Rebecca Roberts
ROBERTS AND BISHOP
[e-mail]

KOFI MODIBO AJABU
955750
WABASH VALLEY - CF
WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels
6908 S. Old US Hwy 41
P.O. Box 1111
CARLISLE, IN 47838