McGee v. Doyle
- Philip Halpern
- 7:24-cv-04772
- U.S. District Court · Southern District of New York
- 8
In McGee v. Doyle, Judge Halpern directed McGee to request default certificates before seeking judgment against the nonappearing defendants.
Rondell McGee was directed to seek Clerk’s Certificates of Default by March 28, 2025. The five served defendants were affected because the order addressed the consequences of their failure to appear or answer, but the court did not enter default judgment against them.
What happened
In McGee v. Doyle, Rondell McGee sued five members of the Yonkers Police Department. The defendants were served, but none had appeared or answered by the time of the order.
The court explained that a plaintiff generally must first obtain a Clerk’s Certificate of Default before asking the court for a default judgment. Because the defendants had not appeared or answered, the court directed McGee to request those certificates by March 28, 2025.
Judge Philip M. Halpern did not enter default judgment or decide the underlying claims. The order also reminded McGee to report address changes and comply with court orders, and provided information about a legal assistance clinic for self-represented litigants.
The detailed version
- McGee v. Doyle · No. 7:24-cv-04772
- Philip Halpern
- Feb. 24, 2025
Background
Rondell McGee brought this action against five members of the Yonkers Police Department: Police Officer “Terrenc” Doyle, Police Officer Shaban Khan (also identified as Khan Shaban), Police Officer Nee Lauren (also identified as Lauren Nee), Police Officer Mark Mendelson, and Police Officer “Doe” Spano. The court had previously directed service on the defendants and dismissed McGee’s claims for relief under Section 2241 without prejudice. The record showed that all five defendants were served on October 24, 2024, but none had appeared or answered by the date of this order.
Default Procedure
The court explained the two-step process for obtaining a default judgment under Federal Rule of Civil Procedure 55. First, the plaintiff must obtain an entry of default from the Clerk of Court under Rule 55(a). When the claim is not for a specific amount that can be calculated, the plaintiff must then apply to the court for a default judgment under Rule 55(b). The court also explained that it may require proof of the facts needed for judgment and will not automatically accept allegations about liability or damages.
Order
The court directed McGee to seek a Clerk’s Certificate of Default for each defendant who had been properly served and had not appeared or answered. It set March 28, 2025, as the deadline to obtain those certificates. The court did not enter a default judgment and did not decide the merits of McGee’s claims. The order also reminded McGee to notify the court in writing of any address change and warned that failure to comply with court orders could result in dismissal. It provided information about the City Bar Justice Center’s legal assistance clinic for self-represented civil litigants. Judge Philip M. Halpern directed the Clerk to mail the order to McGee and to the Yonkers Police Department Fourth Precinct.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.