IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MOISES CUEVAS, JR., ) ) Plaintiff, ) ) v. ) ) HUMBERTO NOVOA, ET AL., ) ) Defendants. ) Civil Action No. 3:21-CV-3243-C

ORDER Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, entered on February 14, 2023, therein advising the Court that: (1) Plaintiff's Motion for Entry of Default Against Nominal Defendant La Engergia Nortena, LLC, [ECF No. 97] should be DENIED; (2) said Defendant’s Motion to Dismiss for Insufficient Service and Request for Protection [ECF No. 100] should be GRANTED, and (2) La Engergia Nortena, LLC’s Motion to Strike Clerk’s Entry of Default [ECF No. 104] should be GRANTED. Plaintiff filed timely objections to the Magistrate Judge’s Findings, Conclusions, and Recommendation on February 17, 2023. The Court conducts a de novo review of those portions of the Magistrate Judge’s report or specified proposed findings or recommendations to which a timely objection is made.

(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson,

(Sth Cir. 1989).

After due consideration and having conducted a de novo review, the Court finds that Plaintiff's objections should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge’s findings and conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, the Court ORDERS that: (1) Plaintiff's Motion for Entry of Default Against Nominal Defendant La Engergia Nortena, LLC, [ECF No. 97] be DENIED; (2) Defendant La Energia Nortena, LLC’s Motion to Dismiss for Insufficient Service and Request for Protection [ECF No. 100] be GRANTED; and (2) La Engergia Nortena, LLC’s Motion to Strike Clerk’s Entry of Default [ECF No. 104] be GRANTED. The Clerk of Court is ORDERED to STRIKE the Clerk’s Entry of Default [ECF No. 99] against La Energia Nortena, LLC, and this case is DISMISSED WITHOUT PREJUDICE ONLY as to nominal Defendant La Energia Nortena, LLC, due to insufficient service of process. SO ORDERED. Dated March 4h , 2023.

“7 . Lr , , , pen( 207777" Ss . CUMMINGS / SENIOR UNITED STATES DIS RICT JUDGE / /