Opinion
2:18-cv-02011 (ADS) (SIL)
12-13-2019
UNITED STATES OF AMERICA, Plaintiff, v. JAMELA HAMILTON, Defendants.
MEMORANDUM OF DECISION & ORDER
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