Montez v. Hampton et al

Filing 85

MEMORANDUM AND ORDER DENIED as moot. 82 MOTION for Reconsideration of 73 Default Judgment (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DEREK MONTEZ,
TDCJ-CID # 1434316,
Plaintiff,

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v.
CODY HAMPTON,
Defendant.

CIVIL ACTION NO. H-11-1891

MEMORANDUM AND ORDER
Before the Court is a motion filed by Plaintiff Derek Montez, a TDCJ inmate,
for reconsideration of the Court’s order dated November 29, 2013, ordering a default
judgment against defendant Cody Hampton who failed to appear or file a response
after being served with the complaint [Doc. # 73], but denying Plaintiff damages
because Montez had failed to submit a declaration proving damages. Id. Montez’s
declaration [Doc. # 77] and another document entitled “Proof of Plaintiff Montez’s
Damages” [Doc. # 76], however, arrived at the court clerk’s office four days later, on
December 3 and 4, 2013, respectively. Relying on that declaration, the Court issued
on December 6, 2013, a Memorandum and Order [Doc. # 78] granting Montez
nominal and punitive damages.
Thereafter, on December 13, 2014, presumably before Montez received the
Court’s December 6 order, Montez submitted a motion to reconsider [Doc. # 82] the

Court’s November 29 order denying him damages. Montez’s reconsideration motion
is moot, as the Court has awarded him damages to the extent supported by the facts
and permitted by law.1 It is therefore
ORDERED that Plaintiff Montez’s motion for reconsideration [Doc. # 82] is
DENIED as moot.
SIGNED at Houston, Texas, this 25th day of March, 2014.

1

The Court deemed Montez’s declaration timely pursuant to the prison mailbox rule, id.
at 1 (citing Cooper v. Brookshire, 70 F.3d 377, 379 (5th Cir. 1995); Spotville v. Cain, 149 F.3d
374 (5th Cir. 1998)), and awarded Montez nominal and punitive damages. The Court held that
Montez was not entitled to compensatory damages because he is a prisoner and did not show that
he suffered a physical injury. Doc. # 78 (citing 42 U.S.C. § 1997e(e).