Reported / Citable
Background
Pro se plaintiff Gordon E. Knight moved for default judgment against BMO Bank National Association. The matter had been referred to a U.S. magistrate judge under 28 U.S.C. § 636.
On January 22, 2026, the magistrate judge recommended denying Knight’s motion as premature. Knight objected the following day, prompting District Judge Amos L. Mazzant to conduct a de novo review.
The Court’s Holding
The court adopted the magistrate judge’s report and recommendation and denied Knight’s motion for default judgment as premature. It concluded that the magistrate judge’s findings and conclusions were correct.
The court noted that Knight’s request for the clerk’s entry of default lacked the required affidavit. The docket also showed that Knight moved for default judgment on October 29, 2025, one day before seeking the clerk’s entry of default on October 30, contrary to his assertions in his objection.
Key Takeaways
- A request for the clerk’s entry of default must be supported by the required affidavit.
- Knight moved for default judgment before requesting the clerk’s entry of default.
- After de novo review of Knight’s objection, the district court adopted the magistrate judge’s recommendation and denied the motion as premature.
Why It Matters
The order underscores the required sequence and supporting documentation for pursuing default relief. A party who seeks default judgment before properly requesting and supporting a clerk’s entry of default risks denial of the motion as premature.