Estate of Myers v. United States

ORDER DENYING PLAINTIFFS’ MOTION FOR DEFAULT AND GRANTING DEFENDANT’S MOTION TO DISMISS

MeDONALD, District Judge.

On April 29,1993, Magistrate Judge Hovis filed a report and recommendation (Ct.Rec. 24) in which he recommended that the plaintiffs’ motion for default be denied and that defendant’s motion to dismiss be granted.

Plaintiffs have filed an .objection to the report and recommendation (Ct.Rec. 25). Plaintiffs contend that the government is in default and has not shown justification for its default. Magistrate Judge Hovis’ report contains persuasive reasoning why default judgment should…