Dishon v. Lonesome Creek Resort, L.L.C.

• Court: District Court, N.D. Texas
• Decided: January 19, 2023
• Docket: 6:22-cv-00001
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS □ SAN ANGELO DIVISION JON DISHON, et al.,

Plaintiffs, No. 6:22-CV-001-H-BU JL BAR RANCH, LP, et al., Defendants. ORDER ACCEPTING THE FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE MAGISTRATE JUDGE United States Magistrate Judge John R. Parker made Findings, Conclusions, and a Recommendation (FCR) in this case on October 28, 2022. Dkt. No. 38. Judge Parker recommends that the Court grant JL Bar Ranch, LP and JL Bar GP, LLC’s motion to dismiss for failure to state a claim (Dkt. No. 24) and dismiss the plaintiffs’ claims against JL Bar Ranch, LP and JL Bar GP, LLC with prejudice. Additionally, Judge Parker recommends that the plaintiffs’ request to amend their Second Amended Complaint (see Dkt. No. 27 at 5) be denied. No objections to Judge Parker’s FCR were filed. Therefore, the Court has reviewed the proposed FCR for plain error. U.S. ex rel. Steury v. Cardinal Health, Inc., 735 F.3d 202, 205 (Sth Cir. 2013) (“[P]lain error review applies when a party did not object to a magistrate judge’s findings of fact, conclusions of law, or recommendation to the district court, so long as the party was served with notice of the consequences of failing to object.”) (citing Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1428 (Sth Cir. 1996) (en banc), superseded on other grounds by 28 U.S.C. § 636(b)(1)). Finding no error, plain or otherwise, the Court accepts and adopts the FCR of the United States Magistrate Judge.

Accordingly, the Court grants the defendants’ motion to dismiss. The plaintiffs’ claims against JL Bar Ranch, LP and JL Bar GP, LLC are dismissed with prejudice. The plaintiffs’ request to amend their Second Amended Complaint is denied. So ordered on January U4 , 2023;

JAMES WESLEY HENDRIX UNITED STATES DISTRICT JUDGE