Knight v. BMO Bank National Association

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
GORDON E. KNIGHT,
Plaintiff,
v.
BMO BANK NATIONAL ASSOCIATION,
Defendant.
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CIVIL ACTION NO. 4:25-CV-01065-
ALM-AGD
MEMORANDUM ADOPTING THE REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report and Recommendation (“Report”) of the United
States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate
Judge pursuant to 28 U.S.C. § 636. On January 22, 2026, the Magistrate Judge entered a Report
(Dkt. #12) recommending that pro se Plaintiff Gordon E. Knight’s (“Plaintiff”) Motion for Default
Judgment (Dkt. #8) be denied as premature. On January 23, 2026, Plaintiff filed an objection
(Dkt.#13).
The Court notes that Plaintiff’s request for Clerk’s entry of default was not
supporte d by the required affidavit. Additionally, the docket reflects that the request was sought
on October 30, 2025 (Dkt. #9), but Plaintiff’s Motion for Default Judgment was entered
on October 29, 2025 (Dkt. #8), contrary to Plaintiff’s assertions in his objection to the Report
(Dkt. #13).
Accordingly, having received the Report of the Magistrate Judge, Plaintiff’s objection (Dkt.
#13), and having conducted a de novo review, the Court is of the opinion that the findings and
conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s Report as the
findings and conclusions of the Court.
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It is therefore ORDERED that Plaintiff Gordon E. Knight’s Motion for Default
Judgment (Dkt. #8) is DENIED as premature.
IT IS SO ORDERED.
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