UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:18-cv-00083 James Fisher, Plaintiff, v. Matthew Madlock et al., Defendants. ORDER DENYING MOTION FOR AP- POINTMENT OF RECEIVER AND MO- TION FOR ENTRY OF DEFAULT JUDG- MENT On February 23, 2018, plaintiff filed this lawsuit against defend- ants Matthew Madlock and Denise Walker. The case was referred to United States Magistrate Judge K. Nicole Mitchell. As plaintiff was proceeding 7 forma pauperis, the court ordered summons to be issued for defendant Denise Walker. Doc. 21. The United States Marshal Service executed summons upon Walker at her home ad- dress. Summons was executed on November 21, 2018, and the re- turn was filed on December 17, 2018. Doc. 24. Although Walker was served, she did not file an answer or otherwise appear in this suit. On April 13, 2020, plaintiff moved for entry of default against Walker. Doc. 44. After being ordered to do so by the court, plaintiff filed his supplemental motion for entry of default. Doc. 60. Walker did not respond to the motions. The court granted plaintiff’s mo- tions and directed the clerk of court to enter default against defend- ant Denise Walker. Docs. 66, 69. On September 7, 2021, plaintiff moved for appointment of a re- ceiver and judgment of default (Doc. 69) and entry of default judg- ment against Denise Walker (Doc. 70). Walker did not respond to either motion. The magistrate judge issued a report and recommendation that the motion for entry of default judgment be denied for lack of

subject-matter jurisdiction. Doc. 72. The report and recommenda- tion also recommended that the motion for appointment of receiver- ship and default judgment be denied as premature. Jd. No party ob- jected to the report and recommendation. Defendant Madlock filed a late response to the motion for entry of default judgment. Doc. 75. When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass vy. United Servs. Auto. Ass’n,

(5th Cir. 1996). Hav- ing reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts the report and recommen- dation. Doc. 72. Plaintiff’s motions for appointment of receiver and entry of default judgment (Docs. 69, 70) are denied as premature and for lack of subject-matter jurisdiction, respectively. So ordered by the court on April 25, 2022. packs BARKER United States District Judge

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