UNITED STATES DISTRICT COURT June 17, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

BALDEMAR FRANCISCO ALANIZ, et § al., § § Plaintiffs, § § VS. § CIVIL ACTION NO. 2:24-CV-00025 § THOMAS L. SWAREK, § § Defendant. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE On May 13, 2025, United States Magistrate Judge Mitchel Neurock issued his “Memorandum and Recommendation of United States Magistrate Judge” (D.E. 91), recommending that the Court decline entry of default and deny default judgment because Defendant Thomas Swarek has entered a late appearance and intends to defend the action against him. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s memorandum and recommendation. Fed. R. Civ. P. 72(b);

(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s memorandum and recommendation. Guillory v. PPG Indus., Inc.,

(5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n,

(5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s memorandum and recommendation (D.E. 91), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Court declines to order entry of default and DENIES Alaniz’s motion for default judgment (Doc. No. 88). ORDERED on June 17, 2025. fel GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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