Alston v. Prairie Farms Dairy ( 2022 )

Case: 21-60465 Document: 00516280299 Page: 1 Date Filed: 04/14/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 21-60465 April 14, 2022
Summary Calendar Lyle W. Cayce
Clerk
Jason Alston,
Plaintiff—Appellant,
versus
Prairie Farms Dairy, Incorporated, doing business as Luvel;
Harold Leroy Papen,
Defendants—Appellees.
Appeal from the United States District Court
for the Northern District of Mississippi
No. 4:18-CV-157
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
Jason Alston, pro se, appeals a summary judgment for Prairie Farms
Dairy, Incorporated (“Prairie Farms”), his former employer, and Harold
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this opini-
on should not be published and is not precedent except under the limited circumstances set
forth in 5th Circuit Rule 47.5.4.
Case: 21-60465 Document: 00516280299 Page: 2 Date Filed: 04/14/2022
No. 21-60465
Leroy Papen, an employee of Prairie Farms, as well as the grant of a motion
to set aside an entry of default.
First, the district court did not abuse its discretion when it found that
good cause existed to set aside the default based on the prompt action and
explanation provided by Prairie Farms and the lack of evidence that the
default was willful. See Lacy v. Sitel Corp., 227 F.3d 290, 291–93 (5th Cir.
2000); see also United States v. One Parcel of Real Property, 763 F.2d 181, 183
(5th Cir. 1985). Next, although we liberally construe the briefs of pro se liti-
gants, Alston’s briefs do not address the district court’s specific reasons for
the summary judgment; therefore, he has failed to demonstrate reversible
error. See Yohey v. Collins, 985 F.2d 222, 224–25 (5th Cir. 1993); Brinkmann
v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
AFFIRMED.
2