United States of America v. Allen

Filing 11

ORDER adopting 10 Report and Recommendation; granting 9 Plaintiff's Motion for Entry of Default Judgment. The Clerk of the Court is directed to enter judgment in accordance with this Order and close the file. Signed by Judge Marcia Morales Howard on 6/21/2013. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
-vs-

Case No. 3:13-cv-344-J-34TEM

STACEY L. ALLEN,
Defendant.
__________________________________/

ORDER

THIS CAUSE is before the Court on Magistrate Judge Thomas E. Morris’ Report and
Recommendation (Dkt. No. 10; Report), entered on May 29, 2013. In the Report, Magistrate
Judge Morris recommends that Plaintiff’s Motion for Entry of Default Judgment (Dkt. No. 9;
Motion) be granted, and that the Clerk of the Court be directed to enter judgment in favor
of Plaintiff. See Report at 5. No objections to the Report have been filed, and the time for
doing so has now passed.
The Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no specific
objections to findings of facts are filed, the district court is not required to conduct a de novo
review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993);
see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions
de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);

United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May
14, 2007).
Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1.

The Report and Recommendation (Dkt. No. 10) of Magistrate Judge Morris is

ADOPTED as the opinion of the Court.
2.

Plaintiff’s Motion for Entry of Default Judgment (Dkt. No. 9) is GRANTED.

3.

The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff United

States of America and against Defendant Stacey L. Allen in the following amounts:
a.

$2,289.32 in principal;

b.

$2,345.98 in prejudgment interest as of May 8, 2013;

c.

$558.53 in costs and administrative charges;

d.

Prejudgment interest accruing on the total principal amount at the rate

of 5.01% per annum (or $0.31 per day) beginning on May 9, 2013, through the date
judgment is entered; and
e.

Post-judgment interest accruing from the date the judgment is entered

at the legal rate established by 28 U.S.C. § 1961.

4.

The Clerk of the Court is further directed to terminate all deadlines and

pending motions and close the file.
DONE AND ORDERED in Jacksonville, Florida, this 21st day of June, 2013.

ja
Copies to:
The Honorable Thomas E. Morris
United States Magistrate Judge
Counsel of Record
Stacey L. Allen
5344 Julington Ridge Drive South
Jacksonville, FL 32258