Sneed v. Miller et al

Filing 27

Order Accepting 26 Findings, Conclusions and Recommendation of the United States Magistrate Judge. (Ordered by Judge Sam A Lindsay on 1/31/2014) (skt)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ARTHUR LEE SNEED,
Plaintiff,
v.
STEPHEN H. MILLER, et al.,
Defendants.

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Civil Action No. 3:13-CV-971-L

ORDER
Before the court is Defendant Chris Pryor’s Motion to Dismiss Under Fed. R. Civ. P.
12(b)(2)(5) and (6) (Doc. 10), filed July 16, 2013; Defendant Richard Magnis’ Motion to Dismiss
Under Federal Rules 12(b)(1) and 12(b)(6) (Doc. 12), filed July 23, 2013; and (3) Defendant Stephen
H. Miller’s Motion to Dismiss Under Fed. R. Civ. P. 12(b)(2)(5) and (6) (Doc. 17), filed October 17,
2013. Plaintiff Arthur Lee Sneed did not respond to any of the motions to dismiss. On January 13,
2014, Magistrate Judge Paul D. Stickney entered Findings, Conclusions and Recommendation of the
United States Magistrate Judge (“Report”), recommending that the court sua sponte dismiss without
prejudice this action for lack of subject matter jurisdiction and deny as moot Defendants’ motions
to dismiss. As of the date of this order, no objections to the Report were filed.
Having reviewed the pleadings in this case, the record, applicable law, and the findings and
conclusions of the magistrate judge, the court determines that the findings and conclusions are
correct, accepts the magistrate judge’s findings and conclusions as those of the court, and sua sponte
dismisses without prejudice this action for lack of subject matter jurisdiction. Accordingly, the
court denies as moot: Defendant Chris Pryor’s Motion to Dismiss Under Fed. R. Civ. P. 12(b)(2)(5)
Order - Page 1

and (6) (Doc. 10); Defendant Richard Magnis’ Motion to Dismiss Under Federal Rules 12(b)(1) and
12(b)(6) (Doc. 12); and (3) Defendant Stephen H. Miller’s Motion to Dismiss Under Fed. R. Civ.
P. 12(b)(2)(5) and (6) (Doc. 17).
It is so ordered this 31st day of January, 2014.

_________________________________
Sam A. Lindsay
United States District Judge

Order - Page 2