Hero Farms, L.L.C. v. Barthley et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations. ORDERED as follows: United States Motion to Dismiss (Dkt. No. 4) is DENIED AS MOOT. Heros Motion to Remand (Dkt. No. 6) is DENIED AS MOOT. United States Motion to Substitute (Dkt. No. 8) is GRANTED. Heros Motion to Dismiss (Dkt. No. 9) is DENIED. United States Second Motion to Dismiss (Dkt. No. 11) is GRANTED. Signed by Judge Rodney Gilstrap on 6/5/2017. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
HERO FARMS, L.L.C.,

v.
HENDRIC C BARTHLEY, UNITED
STATES OF AMERICA

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Case No. 2:17-CV-00103-JRG-RSP

ORDER
Before the Court is Magistrate Judge Payne’s Report and Recommendation filed on May
14, 2017. Dkt. No. 12. Puruant to Federal Rule of Procedure 72(b)(2), the Report afforded the
parties fourteen days to object to the findings, conclusions, and recommendation contained in the
report. See id. at 7 n.2. No objections have been filed, and the time to do so has now passed. The
Court will therefore adopt the Report and Recommendation without modification. See Fed. R. Civ.
P. 72(b)(3); 28 U.S.C. § 636(b)(1)(C).
Accordingly, IT IS ORDERED as follows:
(1)
(2)
(3)
(4)
(5)

United States’ Motion to Dismiss (Dkt. No. 4) is DENIED AS MOOT.
Hero’s Motion to Remand (Dkt. No. 6) is DENIED AS MOOT.
United States Motion to Substitute (Dkt. No. 8) is GRANTED.
Hero’s Motion to Dismiss (Dkt. No. 9) is DENIED.
United States’ Second Motion to Dismiss (Dkt. No. 11) is GRANTED.

Hero’s complaint is DISMISSED WITH PREJUDICE. A separate Final Judgment will
follow. See Fed. R. Civ. P. 58.

So Ordered this
Jun 5, 2017