United States of America v. Cabelka

Filing 206

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, it is ORDERED that the Price Defendants' Motion to Dismiss (ECF No. 179 ) is GRANTED in part to the extent it seeks dismissal under Rule 12(b)(1) and DENIED in part as MOOT to the extent it seeks dismissal under Rule 12(b)(6). (Ordered by Judge Reed C. O'Connor on 12/29/2017) (skg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.
LARRY CECIL CABELKA,
Defendant.

§
§
§
§
§
§
§
§
§
§
§

Civil Action No. 7:16-cv-00126-O-BP

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case. No objections were filed, and the Magistrate Judge’s recommendation is ripe for review.
The District Judge reviewed the proposed findings, conclusions, and recommendation for plain
error. Finding none, the undersigned District Judge is of the opinion that the findings and
conclusions of the Magistrate Judge are correct, and they are accepted as the findings and
conclusions of the Court.
Accordingly, it is ORDERED that the Price Defendants’ Motion to Dismiss (ECF No.
179) is GRANTED in part to the extent it seeks dismissal under Rule 12(b)(1) and DENIED in
part as MOOT to the extent it seeks dismissal under Rule 12(b)(6).
SO ORDERED on this 29th day of December, 2017.

_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE