Judge Dee D. Drell
Judge Dee D. Drell Magistrate Judge Carol B. Whitehurst JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge filed previously herein, noting the absence objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;
IT IS ORDERED that the Motion To Dismiss filed by the defendant, Tony Montgomery, [Rec. Doc. 21] is DENIED.
THUS DONE AND SIGNED in chambers, on this 26 day of October, 2016.
/s/_________
DEE D. DRELL, CHIEF JUDGE
UNITED STATES DISTRICT COURT