Thornton v. United States of America (TV1)
Filing
35
ORDER granting 34 defendant's Motion to Amend Judgment, and the judgment in this case [Doc. 33] is AMENDED to provide for a judgment against plaintiff, Janice Thornton, in the amount of $33,910.70, plus statutory interest pursuant to 26 U.S.C. §§ 6601, 6621, and 6622. All other provisions of the judgment dated December 16, 2015, shall remain in effect. Signed by Chief District Judge Thomas A Varlan on November 9, 2016. (AYB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
JANICE THORNTON,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
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No.:
3:14-CV-127-TAV-CCS
ORDER
This civil case is before the Court on defendant United States’ Motion to Amend
the Judgment [Doc. 34]. Plaintiff did not respond, and the deadline for doing so has
passed.
On November 25, 2015, Magistrate Judge Shirley entered a Report and
Recommendation that the plaintiff’s claims should be dismissed, and that a default
judgment should be entered against plaintiff as to defendant’s counterclaims in the
amount of $33,910.70, plus statutory interest pursuant to 26 U.S.C. §§§ 6601, 6621, and
6622 [Doc. 32]. On December 16, 2015, the Court entered an Order [Doc. 33] adopting
the Report and Recommendation, dismissing plaintiff’s claims and entering default
judgment in favor of defendant. However, the order, which was entered by the Clerk as
judgment, did not state the amount of the judgment.
Pursuant to Federal Rule of Civil Procedure 60(a), the Court may “correct a
clerical mistake or a mistake arising from oversight or omission whenever one is found in
a judgment, order, or other part of the record.” In this case, through an oversight the
Court’s order adopting Judge Shirley’s Report and Recommendation did not include the
amount of the judgment contained in the Report and Recommendation. Accordingly, the
Court sees fit to amend the judgment in this case to include the amount owed by plaintiff
to the United States.
Accordingly, for good cause shown and pursuant to Fed. R. Civ. P. 60(a),
defendant’s Motion to Amend Judgment [Doc. 34] is hereby GRANTED and the
judgment in this case [Doc. 33] is AMENDED to provide for a judgment against
plaintiff, Janice Thornton, in the amount of $33,910.70, plus statutory interest pursuant to
26 U.S.C. §§ 6601, 6621, and 6622.
All other provisions of the judgment dated
December 16, 2015, shall remain in effect.
IT IS SO ORDERED.
s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE
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