United States of America v. Mack

Filing 46

ORDER adopting 45 Report and Recommendation; denying 37 Motion to Vacate. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,

Case No. 04-73405
SENIOR U.S. DISTRICT JUDGE
ARTHUR J. TARNOW

Plaintiff,
v.
PAUL MACK,

U.S. MAGISTRATE JUDGE
R. STEVEN WHALEN

Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION [45]; DENYING PLAINTIFF’S
MOTION TO VACATE SATISFACTION OF JUDGMENT [37]
This is a student loan case. The United States of America filed a Complaint
[Dkt. 1] against Defendant Paul Mack on September 1, 2004. In the Stipulated
Order of Consent Judgment with Partial Payment Provisions [3] entered on
September 20, 2004, the Court entered judgment in favor of Plaintiff and against
Defendant. The Court ordered deductions from Defendant’s wages in payment of
the judgment.
On June 11, 2014, Plaintiff entered a Satisfaction of Judgment [36], in which
it certified that the judgment in the amount of $4,957.25 was satisfied in full. On
November 14, 2016, Plaintiff filed the present Motion to Vacate Satisfaction of
Judgment [37]. Plaintiff stated that in February 2014, it received $960.00 “by way
of offset of the Defendant’s federal income tax return” and that “on or about June
11, 2015 the sum of $960.00 was returned to the Defendant, leaving a balance
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owing of $1,016.32 as of November 14, 2016.” The Court referred Plaintiff’s
Motion to the Magistrate Judge on November 15, 2016.
On July 31, 2017, the Magistrate Judge issued a Report and
Recommendation (“R&R”) [45] recommending that the Court deny Plaintiff’s
Motion to Vacate Satisfaction of Judgment [37]. Neither party filed objections to
the R&R. Fed. R. Civ. P. 72(b)(2).
The Court having reviewed the record, the Report and Recommendation [45]
is hereby ADOPTED and entered as the findings and conclusions of the Court.
Accordingly,
IT IS ORDERED that Plaintiff’s Motion to Vacate Satisfaction of
Judgment [37] is DENIED.
SO ORDERED.

Dated: August 25, 2017

s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge

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