HICA Education Loan Corporation v. Whetmore

Filing 16

ORDER granting 13 Motion for Default Judgment; adopting 15 Report and Recommendations. Pursuant to Fed. R. Civ. P. 58(a), the Clerk of Court is DIRECTED to enter a separate document entering judgment in favor of Plaintiff. Signed by District Judge Harry S Mattice, Jr on 8/4/14. (CNM, ) Copy of Order mailed to Clayton Whetmore.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
HICA EDUCATION LOAN
CORPORATION,
Plaintiff,
v.
CLAYTON WHETMORE, also known as
Clayton E. Whetmore, also known as
Clayton Earl Whetmore
Defendant.

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Case No. 1:12-cv-00072
Judge Mattice
Magistrate Judge Carter

ORDER
On October 9, 2012, the Court referred Plaintiff’s Motion for Default Judgment
(Doc. 8) to United States Magistrate Judge William B. Carter for a Report and
Recommendation pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure
72(b).

(Doc. 9).

On July 7, 2014, Magistrate Judge Carter filed his Report and

Recommendation, recommending that: (1) Plaintiff be awarded judgment in the amount
of $48,264.83 and interest at $4.07 per day from September 10, 2013 until the date
judgment is entered; (2) Plaintiff be awarded post-judgment interest to be calculated
pursuant to 28 U.S.C. § 1961; and (3) Plaintiff be awarded attorneys’ fees and costs.
(Doc. 15 at 7).

Magistrate Judge Carter further recommended that upon entry of

judgment, Plaintiff promptly file its motion for attorneys’ fees, including detailed
invoices evincing counsel’s work in this action. (Id.).

Defendant has filed no objections to the Magistrate Judge’s Report and
Recommendation.1 Nevertheless, the Court has reviewed de novo the record in this
matter, and it agrees with the Magistrate Judge’s well-reasoned conclusions.
Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Carter’s
findings of fact and conclusions of law. Plaintiff’s Motion for Default Judgment is
GRANTED consistent with Magistrate Judge Carter’s Report and Recommendation.
Pursuant to Fed. R. Civ. P. 58(a), the Clerk of Court is DIRECTED to enter a separate
document entering judgment in favor of Plaintiff.

SO ORDERED this 4th day of August, 2014.
/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE

Magistrate Judge Carter specifically advised Defendant that he had 14 days in which to object to the
Report and Recommendation and that failure to do so would waive his right to appeal. (Doc. 45); see Fed.
R. Civ. P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (noting that “[i]t does not appear
that Congress intended to require district court review of a magistrate's factual or legal conclusions, under
a de novo or any other standard, when neither party objects to those findings”).

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