BRYANT v. JACKSON et al

Filing 30

ORDER denying Pltf's 28 Motion for Default Judgment. Order forwarded to the Attorney General of NJ. Signed by Chief Judge Jerome B. Simandle on 11/12/2014. (drw)n.m.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

PONTELL BRYANT,

HONORABLE JEROME B. SIMANDLE
Plaintiff,
Civil Action
No. 13-2823 (JBS/AMD)

v.
S/C.O. G. JACKSON, et. al.,

ORDER
Defendants.

This matter comes before the Court on pro se Plaintiff
Pontell Bryant’s letter to the Court Clerk, docketed September
5, 2014, seeking entry of default judgment. [Docket Item 28.] On
May 2, 2013, Plaintiff filed a Complaint against several
correctional officers at South Woods State Prison in Bridgeton,
N.J., for using excessive force against him while he was
incarcerated there. The Complaint seeks an injunction
restraining defendants “from any kind of further retaliation,”
as well as $125,000 in damages. The Court granted Plaintiff’s
motion to proceed in forma pauperis in January 2014, and summons
were executed on four defendants in April and May of 2014.1 None
of the Defendants who have been served have responded to the
Complaint, and none have entered an appearance.

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Officers S/C. O. S. Herman, S/C. O. H. Higbee, and S/C. O. J.
Rivera were served on March 19, 2014. S/C. O. B. Bagliani, who
was added as a defendant on April 9, 2014, was served on May 12,
2014. [Docket Items 7, 16.]

On June 19, 2014, Plaintiff filed a request for entry of
default [Docket Item 22], and the Clerk entered default against
Officers Bagliani, Herman, Higbee, and Rivera on June 24, 2014.
Shortly thereafter, on July 23, Plaintiff filed a motion for
“default judgment against Jackson, et al,” under Fed. R. Civ. P.
55(b)(1) [Docket Item 25]. However, because Plaintiff failed to
include any evidence explaining the extent of his injuries and
how he computed the $125,000 of damages in this case, the Court
denied Plaintiff’s motion. In its Order dated August 25, 2014,
the Court stated that should Plaintiff re-file his motion for
default judgment under Fed. R. Civ. P. 55(b)(2), he must provide
an affidavit or other documentary evidence justifying his claim
of liability and explaining how the damages were calculated. The
Court also required Plaintiff to provide medical records showing
the extent of his injury and treatment. Finally, the Court
stated that any new motion for default must specify the
liability of each party against whom the Plaintiff seeks default
judgment. (Aug. 25, 2015 Order [Docket Item 26], at 6-7.)
Plaintiff’s renewed request for default judgment does not
comply with the Court’s Aug. 25, 2014 Order. Plaintiff’s letter
to the Court states in its entirety:
Please
enter
a
motion
for
default
judgment,
Defendants failed to file an answer by April 9, 2014
and May 29, 2014. I request for claim for a sum
certain or a sum that can be made certain by
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computation. I request that the court may conduct
hearings to “conduct an accounting” [to] determine
the amount of damages, established the truth of any
investigation by evidence or investigate any other
matter.
(Sep. 5, 2014 Letter Mot. for Default J. [Docket Item 28].)
Plaintiff’s motion must be denied because he has not satisfied
the requirements laid out by the Court in its Order denying
Plaintiff’s first motion for default judgment. First, to the
extent Plaintiff seeks default judgment under Federal Rule of
Civil Procedure 55(b)(1), that request must be denied. The Court
made clear in its August 25, 2014 Order that Plaintiff is not
entitled to default judgment under Rule 55(b)(1) because the
damages requested by Plaintiff “are not susceptible to proof in
a sum certain, such as by an accounting of a business ledger.”
(Aug. 25, 2015 Order, at 5.)
To the extent Plaintiff seeks default judgment under
Federal Rule of Civil Procedure 55(b)(2), that request must also
be denied. The Court’s Order specifically required any new
motion under Rule 55(b)(2) to be accompanied by affidavits,
medical records, or other documentary evidence describing the
extent of Plaintiff’s injury, cost of treatment, and the
liability of each officer against whom judgment was being
sought. Plaintiff has not furnished any of the documents
required by the Court, and has not shown that he is entitled to
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default judgment. See Transatlantic Marine Claims Agency, Inc.
v. Ace Shipping Corp., 104 F.3d 105, 111 (2d Cir. 1997)
(district court cannot simply enter default judgment by
accepting at face value plaintiff’s statement of damages in the
complaint); Malik v. Hannah, 661 F. Supp. 2d 485, 490 (D.N.J.
2009) (plaintiff seeking default judgment “must still offer some
proof of damages” before court can decide whether or not to
enter default judgment).
Plaintiff also requests a hearing on default judgment;
however, the Court has already made clear that a hearing will
only be convened after Plaintiff has shown a prima facie basis
for the liability of each defendant and for recovery of such
damages, which Plaintiff has not done. (Id. at 6 n.3.) If
Plaintiff can provide sufficient evidence to establish a prima
facie basis for recovery, the Court will convene a default
judgment hearing to take necessary testimony.
The Court will permit Plaintiff to file one more motion for
default judgment under Rule 55(b)(2). Plaintiff’s motion must be
filed with affidavit testimony or other evidentiary documents
explaining the evidence of liability and damages, in the manner
specified by the Court’s August 25, 2014 Order (id. at 6-7) and
by this Order. Should Plaintiff fail to comply with the Court’s

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Order for a second time, Plaintiff’s motion may be denied with
prejudice.
IT IS this

12th

day of

November

, 2014, hereby

ORDERED that Plaintiff’s motion for default judgment under
Fed. R. Civ. P. 55(b)(2) is DENIED; and it is further
ORDERED that any re-filed motion for default judgment under
Red. R. Civ. P. 55(b)(2) must be accompanied by affidavits or
other documentary evidence describing the injury Plaintiff
sustained; medical treatment received, if any; and each
defaulting Defendants’ liability; and it is further
ORDERED that the Clerk of the Court shall provide a copy of
this Order by regular mail to the Attorney General of New Jersey
to advise of default and of the prospect of default judgment
against these State officers.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge

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