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, )

Download PDF
United States District Court EASTERN DISTRICT OF TEXAS SHERM AN DIVISION BILLY JOE CAMPBELL V. UNITED STATES OF AMERICA § § § § § § 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 Page 1 of 2 . 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. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?