Hornsby v. Lutnick et al

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES
MAGISTRATE JUDGE Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
HAROLD D. HORNSBY, §
Plaintiff, §
§
v. § No. 3:24-CV-2663-E-BW
§
HOWARD LUTNICK, et al. §
Defendants. §
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. Objections were filed. (ECF. Nos. 88; 89; 90; 91).1 The District Judge has made a de
novo review of those portions of the FCR to which objections were made and has reviewed all
other portions of the FCR for plain error. The Court ACCEPTS the Findings, Conclusions, and
Recommendation of the United States Magistrate Judge.
Accordingly, Defendants motion to dismiss (ECF. No. 45) is GRANTED, and, by separate
judgment, the court will DISMISS WITHOUT PREJUDICE Plaintiff’s claims against
Defendant Equal Employment Opportunity Commission and Defendant Merit Systems Protection
Board for lack of subject matter jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(1),
and DISMISS WITH PREJUDICE Plaintiff’s remaining claims against all other Defendants for
failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil
Procedure 12(b)(6).
SO ORDERED on this 6th day of January, 2026.
1 The Court construes each of these filings as objections.
Case 3:24-cv-02663-E-BW Document 92 Filed 01/06/26 Page 1 of 1 PageID <pageID>