Billy Joe Campbell V. United States of America
Filing
11
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re 10 Report and Recommendation; granting, 7 Defendant's MOTION to Dismiss for Lack of Jurisdiction filed by UNITED STATES OF AMERICA. It is, therefore, ORD ERED that Defendants Motion to Dismiss for Lack of Personal Jurisdiction Under Rule 12(b)(2), for Insufficient Service of Process Under Rule 12(b)(5), and for Lack of Subject Matter Jurisdiction Under Rule 12(b)(1) (Dkt. No. 7) is GRANTED and Plaintiffs case is DISMISSED without prejudice. Signed by Judge Michael H. Schneider on 3/7/2012. (kls, )
United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION
BILLY JOE CAMPBELL
V.
UNITED STATES OF AMERICA
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CASE NO. 4:11-CV-710
(Judge Schneider/Judge Mazzant)
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 February 3, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant’s Motion to Dismiss for Lack of Personal
Jurisdiction Under Rule 12(b)(2), for Insufficient Service of Process Under Rule 12(b)(5), and for
Lack of Subject Matter Jurisdiction Under Rule 12(b)(1) (Dkt. No. 7) be granted.
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.
It is, therefore, ORDERED that Defendant’s Motion to Dismiss for Lack of Personal
Jurisdiction Under Rule 12(b)(2), for Insufficient Service of Process Under Rule 12(b)(5), and for
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Lack of Subject Matter Jurisdiction Under Rule 12(b)(1) (Dkt. No. 7) is GRANTED and Plaintiff’s
case is DISMISSED without prejudice.
It is SO ORDERED.
SIGNED this 7th day of March, 2012.
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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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