United States of America v. Greaves

Filing 17

ADOPTION ORDER: More than fourteen (14) days have elapsed since service of the R&R on the Defendant, who has failed to file an objection. Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the R&R is adopted in its entirety, and the Plaintiffs motion for a default judgment is granted. SO ORDERED by Judge Arthur D. Spatt on 8/4/2018. c/ECF Judgment Clerk. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
Plaintiff,
-against-

ADOPTION ORDER
17-cv-5876 (ADS) (AYS)

LESTER E. GREAVES
a/k/a LESTER GREAVES
a/k/a LESTER ERICH GREAVES,
Defendant.
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APPEARANCES:
Michael T. Sucher, Esq.
Private Counsel for Plaintiff United States of America
26 Court Street, Suite 2412
Brooklyn, New York 11242
By: Michael T. Sucher, Esq.
NO APPEARANCES:
The Defendant
SPATT, District Judge.
On October 6, 2017, the Plaintiff, United States of America (the “Plaintiff”), commenced
this action against the Defendant, Lester E. Greaves a/k/a Lester Greaves a/k/a Lester Erich
Greaves (the “Defendant”) to recover debt owed to the United States.
On December 22, 2017, the Clerk of the Court issued an Entry of Default, pursuant to
Rule 55(a) of the Federal Rules of Civil Procedure.
On December 27, 2017, the Plaintiff moved for a default judgment against the Defendant.
On December 28, 2017, the Court referred this matter to United States Magistrate Judge
Anne Y. Shields for a recommendation as to whether the motion for a default judgment should
be granted, and if so, what relief should be awarded.

On July 3, 2018, Judge Shields issued a Report & Recommendation (“R&R”)
recommending that the motion for a default judgment be granted and that damages be awarded
as follows: (1) the principal balance owed on the student loan in the amount of $6,522.84; (2)
interest through the date of this R&R in the amount of $5,078.30, plus additional interest to be
calculated at a rate of $0.73 per day; and (3) post-judgment interest, to be calculated pursuant to
28 U.S.C. § 1961.
More than fourteen (14) days have elapsed since service of the R&R on the Defendant,
who has failed to file an objection.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has
reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its
result.
Accordingly, the R&R is adopted in its entirety, and the Plaintiff’s motion for a default
judgment is granted.

SO ORDERED.
Dated: Central Islip, New York
August 4, 2018

___/s/ Arthur D. Spatt_______
ARTHUR D. SPATT
United States District Judge

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