ALFRED v. STATE OF NEW JERSEY et al

Filing 17

ORDERED that Plaintiff's 16 motion for default judgment is DENIED WITHOUT PREJUDICE. Plaintiff may re-file her motion following the clerk's entry of default. Signed by Judge Robert B. Kugler on 12/12/2014. (tf, n.m.)

NOT FOR PUBLICATION

(Doc. No. 16)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
___________________________________
:
MICHELLE E. ALFRED,
:
:
Plaintiff,
:
:
v.
:
:
:
STATE OF NEW JERSEY, et al.,
:
:
Defendants. :
___________________________________ :

Civil No. 13-332 (RBK/AMD)

ORDER

KUGLER, United States District Judge:
THIS MATTER having come before the Court upon pro se Plaintiff Michelle Alfred’s
(“Plaintiff”) motion for default judgment as to Defendant Rebeca Seabrook (“Defendant”)
pursuant to Fed. R. Civ. P. 55 (Doc. No. 16);1 and
IT APPEARING TO THE COURT that Plaintiff served Defendant in this matter via
U.S. Marshall on July 24, 2014 (Doc. No. 13); and
IT FURTHER APPEARING TO THE COURT that Defendant did not file an answer
or otherwise respond to Plaintiff’s Amended Complaint within the 21-day time period for a
responsive pleading under Fed. R. Civ. P. 12; and

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Plaintiff filed the motion for “Default by Rebeca Seabrook,” without referencing a Rule. Pl.’s Br. 1. The Court
notes that a motion for default judgment is properly considered under Fed. R. Civ. P. 55, and will analyze the motion
accordingly.

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IT FURTHER APPEARING TO THE COURT that Plaintiff did not seek an entry of
default from the clerk of court pursuant to Fed. R. Civ. P. 55(a) after Defendant failed to plead or
otherwise defend in this matter; and
THE COURT NOTING that a party seeking relief under Fed. R. Civ. P. 55 must first
obtain an entry of default from the clerk of court under Fed. R. Civ. P. 55(a) as a precondition to
obtaining a default judgment, see DeTore v. Local No. 245 of Jersey City Pub. Emps. Union, 511
F. Supp. 171, 176 (D.N.J. 1981); Husain v. Casino Control Comm’n, 265 Fed. App’x 130, 133
(3d Cir. 2008) (“[E]ntry of default by the Clerk under Federal Rule of Civil Procedure 55(a)
constitutes a general prerequisite for a subsequent default judgment under Rule 55(b).”);
IT IS HEREBY ORDERED that Plaintiff’s motion for default judgment is DENIED
WITHOUT PREJUDICE. Plaintiff may re-file her motion following the clerk’s entry of
default.

Dated: 12/12/2014

s/ Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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