Mark Anthony Troxler v. Denis McDonough et al.

Summary

The U.S. District Court for the Western District of Louisiana denies or rejects the plaintiff's repeated requests for a default judgment against the federal government and explains that Federal Rule of Civil Procedure 55(d) requires substantial evidence supporting a claim before default judgment may be entered against the United States. The court warns the plaintiff to stop filing meritless submissions and personal attacks on counsel, stating that continued improper filings could result in dismissal as a sanction.

Holdings

1. A default judgment may not be entered against the United States, its officers, or its agencies based merely on a procedural default; the claimant must establish the claim or right to relief with evidence satisfying the court, which requires substantial evidence. Troxler did not make that showing and was not entitled to default judgment.
2. The court warned Troxler that continued filing of meritless or improper submissions containing personal attacks on counsel could result in dismissal of his case as an appropriate sanction.

Questions Presented

1. Whether Troxler was entitled to a default judgment against the United States or its officers based on an alleged procedural failure to respond timely.
2. Whether continued meritless filings and personal attacks on opposing counsel warranted a warning that dismissal could be imposed as a sanction.

Disposition

other