Escamilla v. City of Houston, et al
| Jose Escamilla |
| City Of Houston, Christopher Thompson, Charles McClelland and B.M. Bookman |
| 4:2014cv02528 |
| September 2, 2014 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Harris |
| Ewing Werlein |
| Other Personal Injury |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
12
MEMORANDUM AND ORDER GRANTING 7 Defendants Motion to Dismiss 1 Complaint under Rule 12(b)(1) and (6). Plaintiff Escamilla's state law negligence claims against Defendant City of Houston and claims for punitive damages are DISMISSED with prejudice for lack of subject matter jurisdiction. Plaintiff's 42 USC 1983 claims against Defendant Charles A. McClelland, Jr., sued in his official capacity, are DISMISSED with prejudice for failure to state a claim upon which relief can b e granted. It is further ORDERED that Plaintiff's claims against Defendants Christopher Thompson and B.M. Bookman are DISMISSED without prejudice for want of prosecution. Plaintiff's request for leave to replead is GRANTED and Plaintiff within 14 days after the date of this Order may file an Amended Complaint against Chief McClelland consistent with Rule 11(b) of FRCP. (Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4)
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