Malik v. ConocoPhillips Company et al

Filing 49

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. Signed by Judge Leonard Davis on 06/23/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
OMAR MALIK (a/k/a IKE PORTER,
a/k/a IAKE PORTER),
Plaintiff,
v.
CONOCOPHILLIPS
COMPANY,
DARREN
PRATKA,
SHANDY
HILBURN,
EDWARD
TOTH,
JOSEPHINE MILLER, SENDERO
RESOURCES
INC.,
TED
W.
WALTERS & ASSOCIATES L.P., and
GEO-VEST, INC.,
Defendants.

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CIVIL ACTION NO. 6:12-cv-655

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of this case has been presented for
consideration. The Report and Recommendation (Doc. No. 47) recommends that Defendants
ConocoPhillips and Sendero Resources’ Motions to Dismiss (Doc. Nos. 37 & 39) be granted and
that Plaintiff’s claims be dismissed with prejudice pursuant to FED. R. CIV. P. 12(b)(6).
Additionally, it is recommended that Plaintiff’s fraud, negligent misrepresentation, trespass, and
taking of real property claims against Defendants Geo-Vest, Inc., Josephine Miller, and Darren
Pratka be dismissed because the applicable statute of limitations has expired. TEX. CIV. PRAC. &
REM. CODE § 16.003(a); TEX. CIV. PRAC. & REM. CODE § 16.004(a)(4).

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An acknowledgment of receipt card (Doc. No. 48) reveals that Plaintiff received the
Report and Recommendation on May 17, 2014. No written objections have been filed.
Accordingly, the Court adopts the findings and conclusions of the Magistrate Judge as those of
the Court.
In light of the foregoing, it is ORDERED that Plaintiff’s complaint is DISMISSED
WITH PREJUDICE for failure to state a claim upon which relief may be granted.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 23rd day of June, 2014.

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