United States of America v. Cabelka

Filing 211

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONOF THE UNITED STATES MAGISTRATE JUDGE: 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 fi ndings and conclusions of the Court. Accordingly, it is ORDERED that Jared and Bonnie Cabelka's Motion to Dismiss (ECF No. 182 ) is GRANTED in part without prejudice to the extent it seeks dismissal under Rule 12(b)(5) or Rule 12(b)(6), and DENIED in part as MOOT to the extent it seeks dismissal under Rule 12(b)(2) and Rule 12(b)(4). (Ordered by Judge Reed C. O'Connor on 1/8/2018) (plp)

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.

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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 Jared and Bonnie Cabelka’s Motion to Dismiss (ECF
No. 182) is GRANTED in part without prejudice to the extent it seeks dismissal under Rule
12(b)(5) or Rule 12(b)(6), and DENIED in part as MOOT to the extent it seeks dismissal under
Rule 12(b)(2) and Rule 12(b)(4).
SO ORDERED on this 8th day of January, 2018.

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Reed O’Connor
UNITED STATES DISTRICT JUDGE