Biton v. Jackson

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ETTI BITON, )
)
Plaintiff, )
)
v. ) Case No. CIV-23-968-SLP
)
JEFFREY JACKSON, )
)
Defendant. )
O R D E R
Before the Court is Plaintiff’s Motion for Default Judgment [Doc. No. 13] filed by
counsel for Plaintiff, Ge’Andra Johnson, prior to her withdrawal from representation.1
Additionally, pursuant to the Court’s Order to file a supplemental affidavit providing
details on her computation of damages, [Doc. No. 14], Plaintiff filed, pro se, a supplemental
“Affidavit in Support of Damages Calculation Under Form I-864” [Doc. No. 16].
Pursuant to Federal Rule of Civil Procedure 55(b)(1), the Court may enter default
judgment on a claim “for a sum certain or a sum that can be made certain by computation”
on “the plaintiff’s request, with an affidavit showing the amount due[.]” In its current form,
Plaintiff’s supplemental “Affidavit” [Doc. No. 16] is not sworn, signed, or notarized, nor
does it qualify as an unsworn declaration under penalty of perjury under 28 U.S.C. § 1746.2
1 Plaintiff filed a letter expressing her intent to proceed pro se and requesting that counsel withdraw
from representation. See [Doc. Nos. 18, 20]. Counsel has subsequently withdrawn, see [Doc. Nos.
19, 20], and Plaintiff proceeds pro se.
2 “[P]arties [may] submit unsworn declarations in lieu of affidavits, provided that the declarations”
comply with the requirements set forth in 28 U.S.C. § 1746. Vazirabadi v. Denver Health & Hosp.
Auth., 782 F. App’x 681, 687 (10th Cir. 2019).
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Accordingly, Plaintiff must resubmit her Affidavit [Doc. No. 16] either sworn, signed, and
notarized, or as a declaration “under penalty of perjury” in compliance with § 1746.
Plaintiff need not resubmit the exhibits to her Affidavit. [Doc. Nos. 16-1–16-9].
IT IS THEREFORE ORDERED that within 21 days from the date of this Order,
Plaintiff shall resubmit a copy of her Affidavit that is either: (1) sworn, signed, and
notarized; or (2) signed “under penalty of perjury” in compliance with 28 U.S.C. § 1746.
Plaintiff is cautioned that failure to comply with this Order may result in her Motion being
denied.
IT IS SO ORDERED this 2nd day of January, 2025.
Case 5:23-cv-00968-SLP Document 22 Filed 01/02/25 Page 2 of 2