United States of America v. Connell
Filing
12
ORDER adopting 11 Report and Recommendation; granting, in part, and denying, in part, 9 Plaintiff's Motion for Entry of Default Judgment; striking proposed Default Final Judgment Order attached to Motion. 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 8/27/2014. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
Case No. 3:14-cv-474-J-34JRK
PATRICIA A. CONNELL,
Defendant.
______________________________________
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 11;
Report), entered by the Honorable James R. Klindt, United States Magistrate Judge, on
August 1, 2014. In the Report, Magistrate Judge Klindt recommends that Plaintiff’s Motion
for Entry of Default Judgment (Dkt. No. 9) be granted, in part, and denied, in part. See
Report at 7. 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 Magistrate Judge’s Report and Recommendation (Dkt. No. 11) is
ADOPTED as the opinion of the Court.
2.
Plaintiff’s Motion for Entry of Default Judgment (Dkt. No. 9) is GRANTED, in
part, and DENIED, in part.
3.
The Motion is GRANTED to the extent that the Clerk of the Court is directed
to enter judgment in favor of Plaintiff and against Defendant in the following amounts:
a.
as to the first loan: $3,030.99 in principal, $2,583.70 in prejudgment
interest as of August 5, 2011, prejudgment interest on the principal amount accruing at the
rate of 3.16% and a daily rate of $0.26 from August 6, 2011 through June 30, 2012, and
thereafter through the date of judgment at such rate as the Department establishes pursuant
to section 427A of the Higher Education Act of 1965, as amended, 20 U.S.C. § 1077a; and
b.
as to the second loan: $4,963.23 in principal, $4,470.93 in interest as
of August 5, 2011, prejudgment interest on the principal amount accruing at the rate of
3.27% and a daily rate of $0.44 from August 6, 2011 through June 30, 2012, and thereafter
through the date of judgment at such rate as the Department establishes pursuant to section
427A of the Higher Education Act of 1965, as amended, 20 U.S.C. § 1077a; and
c.
post-judgment interest accruing at the legal rate established by 28
U.S.C. § 1961; $680.00 in attorney’s fees; and $45.00 in costs.
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4.
Otherwise, the Motion is DENIED.
5.
The proposed “Default Final Judgment” (Dkt. No. 9), at pp. 20-21, attached to
the Motion, is STRICKEN.
6.
The Clerk of the Court is further directed to terminate any pending motions and
close the file.
DONE AND ORDERED at Jacksonville, Florida, this 27th day of August, 2014.
ja
Copies to:
Honorable James R. Klindt
United States Magistrate Judge
Counsel of Record
Patricia A. Connell
828 James Street
Jacksonville, FL 32205
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