United States of America v. Cabelka

Filing 34

Order Accepting Findings, Conclusions, and Recommendations re: 24 Motion to Dismiss filed by Amanda Slate, 11 Motion to Dismiss/Lack of Jurisdiction, filed by Billy Logsdon, Logsdon Farms, Inc., Chad Logsdon, 29 Motion to Dismiss fi led by Rebecca Cabelka Tho. It is ORDERED that Logsdon Farms, Inc., Chad Logsdon, and Billy Logsdon's Motion to Dismiss (ECF No. 11 ) is GRANTED in part and DENIED in part as moot, Amanda Slate' Motion to Dismiss (ECF No. 24 ) is GRANTED in part and DENIED in part as moot, and Defendant Larry Cabelka's claims against Logsdon Farms, Inc., Chad Logsdon, Billy Logsdon, and Amanda Slate are DISMISSED without prejudice. It is further ORDERED that Rebecca Cabelka Thorpe's Motion to Dismiss (ECF No. 29 ) is DENIED. The Clerk of Court is ordered to correct Larry Cabelka's designation in this case to reflect his party status as both the defendant and third-party plaintiff, instead of cross claimant, and correct Rebecca Cabelka Thorpe's designation to reflect her party status as a third-party defendant instead of a cross defendant. (Ordered by Judge Reed C. O'Connor on 3/24/2017) (ewd)

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’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 Logsdon Farms, Inc., Chad Logsdon, and Billy
Logsdon’s Motion to Dismiss (ECF No. 11) is GRANTED in part and DENIED in part as moot,
Amanda Slate’s Motion to Dismiss (ECF No. 24) is GRANTED in part and DENIED in part as
moot, and Defendant Larry Cabelka’s claims against Logsdon Farms, Inc., Chad Logsdon, Billy
Logsdon, and Amanda Slate are DISMISSED without prejudice. It is further ORDERED that
Rebecca Cabelka Thorpe’s Motion to Dismiss (ECF No. 29) is DENIED.
The Clerk of Court is ordered to correct Larry Cabelka’s designation in this case to reflect
his party status as both the defendant and third-party plaintiff, instead of cross claimant, and correct

Rebecca Cabelka Thorpe’s designation to reflect her party status as a third-party defendant instead
of a cross defendant.
SO ORDERED on this 24th of March, 2017.

_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE

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