United States of America v. Williams

Filing 12

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS of Magistrate Judge Reyes. Plaintiff's motion for default judgment (Dkt. 9) is GRANTED. The court awards Plaintiff (1) $4,524.75 in unpaid principal; (2) $4,461.32 in prejudgment interest through January 24, 2018; (3) $65.00 in costs; and (4) post-judgment interest calculated pursuant to 28 U.S.C. § 1961. So Ordered by Judge Nicholas G. Garaufis on 1/24/2018. (fwd'd for jgm) (Lee, Tiffeny)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-X

UNITED STATES OF AMERICA,
ORDER

Plaintiff,

17-CV-566(NGG)
(RER)

-against-

DAVID L. WILLIAMS,
Defendant.
-X

NICHOLAS G. GARAUFIS,United States District Judge.

On February 1,2017, Plaintiff, the United States of America, brought this action against
Defendant, David L. Williams, to recover the unpaid balance of Defendant's federal student
loan. (Compl.(Dkt. 1).) Defendant was served with the Complaint on March 27,2017, but did
not respond within the requisite period. (Aff. of Service (Dkt. 5).) At Plaintiff's request,the
Clerk of Court entered a certificate of default against Defendant on August 14,2017. (Clerk's

Entry of Default(Dkt. 8).) Plaintiff moved for defaultjudgment on August 29,2017(PL's Mot.
for Default J.(Dkt. 9)), and the court referred the motion to Magistrate Judge Ramon E, Reyes
for a report and recommendation("R&R")
(Aug. 29,2017, Order).

On December 8,2017, Judge Reyes entered an R&R recommending that this court grant

Plaintiff's motion. (R&R(Dkt. 10)at 1.) No party has objected to the R&R,and the time in
which to do so has passed.

Fed. R. Civ. P. 72(b)(2). The court therefore reviews the R&R

for clear error. S^ Dafeng Hengwei Textile Co. v. Aceco Indus. & Commercial Corp.. 54 F.

Supp. 3d 279,283(E.D.N.Y. 2014)("The district court may adopt those portions ofthe
recommended ruling to which no timely objections have been made, provided no clear error is

apparent from the face of the record.")- Having found no clear error in the R&R,the court
ADOPTS it in full.

Accordingly,Plaintiffs motion for defaultjudgment(Dkt. 9)is GRANTED. The court

awards Plaintiff(1)$4,524.75 in unpaid principal;(2)$4,461.32 in prejudgment interest through
January 24, 2018;(3)$65.00 in costs; and(4)post-judgment interest calculated pursuant to 28
U.S.C. § 1961.
SO ORDERED.

s/Nicholas G. Garaufis
Dated: Brooklyn,New York

Januar^y,2018

ICHOLAS G. GARAUFl

United States District Judge