GRIFFIN v. FOTI

Full title: CHARLES J. GRIFFIN VERSUS SHERIFF CHARLES FOTI, JR., et al

Court: United States District Court, E.D. Louisiana

Date published: Nov 24, 2003

CIVIL ACTION NO. 03-1274, SECTION "K" (1) (E.D. La. Nov. 24, 2003)

Opinion

CIVIL ACTION NO. 03-1274, SECTION "K" (1)

November 24, 2003

ORDER AND REASONS

SALLY SHUSHAN, Magistrate Judge

Plaintiff, Charles J. Griffin, was a prisoner incarcerated within the Orleans Parish Prison system at the time he filed the above-captioned civil action pursuant to 42 U.S.C. § 1983. In his complaint, plaintiff challenged the quality of his medical care and named Sheriff Charles Foti, Jr., the Orleans Parish Prison, and Dr. Mike Higgins as defendants.¹ Plaintiff was subsequently allowed to amend his complaint to add Nurse White as a defendant.² The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge.³

1 Rec. Docs. 1 and 3; see also Rec. Doc. 25. The claim against the Orleans Parish Prison has been dismissed. Rec. Doc. 16.

2 Rec. Docs. 13, 14, and 15.

3 Rec. Doc. 30.

Plaintiff has pending before this Court a motion for entry of default judgment against Dr. Mike Higgins⁴ and two motions for entry of default judgment against Nurse Shamika White.⁵

4 Rec. Doc. 27.

5 Rec. Docs. 33 and 36.

Plaintiffs motions are premature because the Clerk of Court has not entered a default pursuant to Fed.R.Civ.P. 55(a). See, e.g., Great Atlantic and Pacific Tea Co. v. Heath, Civil Action No. 95-509, 1995 WL 258317, at* 1 (E.D. La. April 27, 1995)(Duval, J.). Moreover, in any event, the entry of a default judgment is matter of discretion and "a party is not entitled to a default judgment as a matter of right, even where the defendant is technically in default. In fact, default judgments are a drastic remedy, not favored by the Federal Rules and resorted to by courts only in, extreme situations." Lewis v. Lynn, 236 F.3d 766, 767 (5th Cir. 2001) (quotation marks, brackets, and citations omitted). Additionally, the Court notes that this civil action is subject to the Prison Litigation Reform Act of 1995, which provides that no relief shall be granted to a plaintiff until the defendant has filed a reply. 42 U.S.C. § 1997e(g)(1).

Dr. Higgins has now filed an answer and indicated that he intends to vigorously defend this lawsuit.⁶ Nurse Shamika White has never been served. Entry of default judgment against either defendant is not appropriate under the circumstances of this case.

6 Rec. Doc. 29.

Accordingly, plaintiffs motions for default judgment are DENIED.