ALFRED v. ATLANTIC CITY POLICE DEPARTMENT SWAT, 14-7536 (RBK/JS). (2015)
Court: District Court, D. New Jersey
Number: infdco20150923f77
Visitors: 16
Filed: Sep. 23, 2015
Latest Update: Sep. 23, 2015
Summary: OPINION ROBERT B. KUGLER , District Judge . This action comes before the Court on pro se Plaintiff Michelle Alfred's "Motion for Default" 1 against the City of Atlantic City, 2 Rhonda Williams, Jason Holt, and Evelyn Wong ("Atlantic City Defendants") (Doc. No. 23) and "Motion for Default Judgment" against Defendant David Castellani. (Doc. No. 27). Plaintiff's motions are DENIED. The clerk entered a default against the Atlantic City Defendants on January 23, 2015, and against Defendan
Summary: OPINION ROBERT B. KUGLER , District Judge . This action comes before the Court on pro se Plaintiff Michelle Alfred's "Motion for Default" 1 against the City of Atlantic City, 2 Rhonda Williams, Jason Holt, and Evelyn Wong ("Atlantic City Defendants") (Doc. No. 23) and "Motion for Default Judgment" against Defendant David Castellani. (Doc. No. 27). Plaintiff's motions are DENIED. The clerk entered a default against the Atlantic City Defendants on January 23, 2015, and against Defendant..
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OPINION
ROBERT B. KUGLER, District Judge.
This action comes before the Court on pro se Plaintiff Michelle Alfred's "Motion for Default"1 against the City of Atlantic City,2 Rhonda Williams, Jason Holt, and Evelyn Wong ("Atlantic City Defendants") (Doc. No. 23) and "Motion for Default Judgment" against Defendant David Castellani. (Doc. No. 27). Plaintiff's motions are DENIED.
The clerk entered a default against the Atlantic City Defendants on January 23, 2015, and against Defendant Castellani on February 6, 2015. Plaintiff filed these motions for default judgment on March 18, 2015. However, Magistrate Judge Joel Schneider vacated the default against Defendant Castellani on April 14, 2015, and he vacated the default against the Atlantic City Defendants on April 15, 2015.
The Court may only enter a default judgment pursuant to Rule 55(b)(2) against a defendant who has been defaulted under Rule 55(a). See Fed. R. Civ. P. 55. Because Judge Schneider vacated the defaults against the Atlantic City Defendants and Defendant Castellani, those defendants are no longer in default. As such, Plaintiff's motions are DENIED.
FootNotes
1. The Court will construe Plaintiff's motion as a motion for default judgment under Federal Rule of Procedure 55.
2. Plaintiff names "Atlantic City Police Department Swat." The proper defendant is City of Atlantic City.
Source: Leagle
