Cisneros v. Armor Health

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT neh □□ SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION CATHERINE M CISNEROS, § Plaintiff, ; V. : CIVIL ACTION NO. 2:23-CV-00292 ARMOR HEALTH, Defendant. : ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (“M&R”). (D.E. 19). The M&R recommends that the Court: e Deny Plaintiff's motion for default judgment, (D.E. 18); e Vacate the clerk’s entry of default, (D.E. 12); and e Give Plaintiff an additional thirty days to file a proof of service reflecting service upon Defendant that satisfies Federal Rule of Civil Procedure 4. (D.E. 19, p. 1).

The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See 28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam); Powell vy. Litton Loan Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015) (Harmon, J.) (citation omitted).

Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings 1/2 of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 19). Accordingly, the Court DENIES Plaintiff's motion for default judgment, (D.E. 18), and VACATES the clerk’s entry of default, (D.E. 12). The Court DIRECTS the Clerk of Court to mail a copy of this Order to Plaintiff at the address on file by certified mail with return receipt requested. The Court ORDERS that Plaintiff must serve process upon Defendant that satisfies Federal Rule of Civil Procedure 4 within thirty (30) days of receiving this Order.

SO ORDERED. | DAV “MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas March 2747, 2025 2/2