A Donnellson, Iowa man accused of livestock neglect will head to court for a hearing July 8.
Lee County Sheriff Jim Sholl said Graber's attorney filed a motion to dismiss the charges.
However, Assistant Lee County Attorney Clinton Boddicker resisted the motion.
Graber faces a serious misdemeanor of livestock neglect.
He was charged in Jan. 8 after deputies removed several emaciated horses from his property.
A judge ordered the horses returned to Graber in March due to a procedural error by the Lee County Sheriff's Office.