United States v. Hamilton

District Court, E.D. New York

United States v. Hamilton

Trial Court Opinion

UNITED STATES DISTRICT COURT CLERK

EASTERN DISTRICT OF NEW YORK 10:48 am, Dec 13, 2019

--------------------------------------------------------X U.S. DISTRICT COURT UNITED STATES OF AMERICA, EASTERN DISTRICT OF NEW YORK

LONG ISLAND OFFICE Plaintiff, MEMORANDUM OF -against- DECISION & ORDER 2:18-cv-02011 (ADS) (SIL) JAMELA HAMILTON,

Defendants. --------------------------------------------------------X

SPATT, District Judge. On April 4, 2018, the Plaintiff brought this action to collect a sum of money due and owing the Social Security Administration for an overpayment of disability insurance benefits. On January 14, 2019, the Clerk of the Court issued a Certificate of Default, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. On March 25, 2019, the Plaintiff moved for a default judgment. On March 28, 2019, the Court referred the motion to United States Magistrate Judge Steven I. Locke for a recommendation as to whether the motion for default judgment should be granted, and if so, what relief, if any, should be awarded. On November 26, 2019, Judge Locke issued a Report & Recommendation (“R&R”) recommending that the Court deny the Plaintiff’s motion for failure to comply with Local Rule 55.2(c). It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. As such, 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. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL),

2015 WL 520346

, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error). Accordingly, the R&R is adopted in its entirety. The Court denies the motion for default judgment without prejudice, and with leave to renew upon curing the deficiencies detailed in the R&R.

SO ORDERED. Dated: Central Islip, New York December 13, 2019

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

Reference

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