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Morton v. Johnson

United States District Court, W.D. Virginia, Roanoke Division

July 21, 2015

TERRI GENEVA MORTON, Plaintiff,
v.
GILBERT LINDSAY JOHNSON, Defendant.

ORDER

Norman K. Moon, United States District Judge.

Plaintiff, a Virginia inmate, [1] filed this civil rights action under 42 U.S.C. § 1983. After Defendant failed to respond to the complaint, the Clerk of the Court entered default against him. Plaintiff filed a motion for default judgment, and Defendant moved to set aside the Clerk’s entry of default. I referred the matter to United States Magistrate Judge Joel C. Hoppe for a report and recommendation (the “Report”) pursuant to 28 U.S.C. § 636(b)(1)(B). Judge Hoppe conducted an evidentiary hearing and now recommends that I deny Defendant’s motion to set aside default and grant Plaintiff’s motion for default judgment. Judge Hoppe further recommends that I award Plaintiff $2, 000 in compensatory damages and $5, 000 against Defendant in his individual capacity.

Upon my review of the entire record in this case, and no objection having been filed to the Report within fourteen days of its service upon the parties, I ADOPT the Report (docket no. 41) in its entirety.[2] Accordingly, Defendant’s motion to set aside the Clerk’s entry of default (docket no. 38) is DENIED, Plaintiff’s motion for default judgment (docket no. 26) is GRANTED, and judgment for Plaintiff is ENTERED in the amounts of $2, 000 in compensatory damages and $5, 000 in punitive damages against Defendant in his individual capacity.

It is so ORDERED. The Clerk is directed to TERMINATE this case from the court’s active docket. The Clerk is further directed to send copies of this order to the plaintiff and to all counsel of record.


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