PaDRE Nterprises, Inc. v. Rhea
Filing
73
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 41 Memorandum & Opinion, Report and Recommendations, 10 Motion for Miscellaneous Relief, filed by Hugh Gary Rhea. Defendants Motion to Dismiss (Dkt. 10) is GRANTED as to the quashing of the service but DENIED as to the request for dismissal. Signed by Judge Richard A. Schell on 9/28/12. (cm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
PADRE NTERPRISES, INC.
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Plaintiff,
VS.
HUGH GARY RHEA d/b/a
RMP CROP INSURANCE
Defendant.
Case No. 4:11CV674
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On March 29, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and a recommendation that Defendant’s Motion to Dismiss (Dkt. 10) be GRANTED
as to the quashing of the service but DENIED as to the request for dismissal.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions
of the court. Therefore, Defendant’s Motion to Dismiss (Dkt. 10) is GRANTED as to the quashing
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of the service but DENIED as to the request for dismissal.1
IT IS SO ORDERED.
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SIGNED this the 28th day of September, 2012.
_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE
1
The court notes that, since the entry of the Magistrate Judge’s Report and
Recommendation, an amended return of service has been filed indicating that Defendant was
served on April 10, 2012.
2
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