Weyend v. Hubman Foundation

Full title: RICHARD W. WEYEND v. HUBMAN FOUNDATION, ET AL

Court: United States District Court, E.D. Texas, Sherman Division

Date published: Dec 7, 2006

CASE NO. 4:064CV343 (E.D. Tex. Dec. 7, 2006)

Opinion

CASE NO. 4:064CV343.

December 7, 2006

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

MICHAEL SCHNEIDER, District Judge

Came on for consideration the Report of the United States Magistrate Judge in this action, this matter having been heretofore referred to United States Magistrate Judge Don D. Bush pursuant to 28 U.S.C. § 636. On November 6, 2006, the Report of the Magistrate Judge was entered containing his proposed findings of fact and recommendations that the Defendants' Motion to Dismiss pursuant to FED. R. CIV. P. Rule 12(b)(5) be GRANTED and that the Defendants are dismissed without prejudice.

The Court, having made a de novo review of the objections raised by the Defendants, is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections of the Defendants are without merit. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of this Court.

It is therefore,

ORDERED that the Magistrate Judge's Report is ADOPTED as the opinion of the Court.

It is further

ORDERED that Defendants Great Eastern Securities, Inc. and Napis, Inc. are DISMISSED pursuant to FED. R. CIV. P. Rule 12(b)(5) WITHOUT prejudice.