United States of America v. Jackson
Filing
10
Memorandum Opinion and Order granting 9 MOTION for Default Judgment. (Ordered by Judge Sam A Lindsay on 6/17/2015) (jrr)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
ALVIN G. JACKSON,
Defendant.
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Civil Action No. 3:15-CV-784-L
MEMORANDUM OPINION AND ORDER
Before the court is the United States’ Motion for Default Judgment, filed June 12, 2015.
After careful consideration of the motion, appendix, record, and applicable law, the court grants
the United States’ Motion for Default Judgment.
I.
Background
The United States (“Plaintiff” or “United States”) filed Plaintiff’s Complaint
(“Complaint”) on March 10, 2015, against Alvin G. Jackson (“Defendant” or “Jackson”). This
action arises from the failure of Jackson to make the required payments on a loan he obtained in
August 1988. The loan was disbursed for $2,625 on September 15, 1988, at a variable rate of
interest to be established annually by the Department of Education. The loan was guaranteed by
Texas Guaranteed Student Loan Corporation and then reinsured by the Department of Education
under the loan guaranty programs authorized under Title IV-B of the Higher Education Act of
1965, as amended, 20 U.S.C. 1071 et seq. (34 C.F.R. Part 682). After demand of payment by the
United States, Jackson defaulted on the loan on June 28, 1989.
Jackson was served with a copy of the summons and Complaint on May 13, 2015.
Defendant was required to answer or otherwise respond to the Complaint by June 3, 2015, 21 days
Memorandum Opinion and Order – Page 1
after service of the summons and Complaint. See Fed. R. Civ. P. 12. To this date, Jackson has not
answered or otherwise responded to the Complaint.
On June 12, 2015, the United States requested the clerk of court to enter a default against
Jackson, and the clerk entered default against Jackson the same day. Plaintiff now requests the
court to enter a default judgment against Jackson and award it damages and applicable interest as
a result of his default.
II.
Discussion
A party is entitled to entry of a default by the clerk of the court if the opposing party fails
to plead or otherwise defend as required by law. Fed. R. Civ. P. 55(a). Under Rule 55(a), a default
must be entered before the court may enter a default judgment. Id.; New York Life Ins. Co. v.
Brown, 84 F.3d 137, 141 (5th Cir. 1996). The clerk of court has entered a default against Jackson.
The court also finds, based upon the information in the record, that Defendant is not a minor,
incompetent person, or member of the United States military.
Jackson, by failing to answer or otherwise respond to Plaintiff’s Complaint, has admitted
the well-pleaded allegations of the Complaint and is precluded from contesting the established
facts on appeal. Nishimatsu Constr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir.
1975) (citations omitted). Based on the well-pleaded allegations of Plaintiff’s Complaint, which
the court accepts as true, and the record in this action, the court determines that Jackson is in default
and that the United States is entitled to a default judgment and appropriate damages.
Based on the record, the total amount that Jackson owed the United States as of December
24, 2014, was $6,724.32 ($2,817.74 in principal and $3,906.58 in interest). Interest accrues on the
principal at the rate of 3.28% per annum, or a per diem rate of $.25. The number of days from
Memorandum Opinion and Order – Page 2
December 24, 2014, to June 17, 2015, is 175, which results in additional interest in the amount of
$43.75. Therefore, the total amount of judgment to which the United States is entitled is $6,768.07.
III.
Conclusion
For the reasons herein stated, the court grants the United States’ Motion for Default
Judgment, and Plaintiff is entitled to and shall recover from Defendant the amount of $6,768.07.
The court will enter judgment by separate document, as required by Federal Rule of Civil
Procedure 58, in the amount stated in favor of the United States.
It is so ordered this 17th day of June, 2015.
_________________________________
Sam A. Lindsay
United States District Judge
Memorandum Opinion and Order – Page 3
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