Cooks v. Demerson et al
| Robert Daniel Cooks |
| Samual A Demerson and Texas Department of Criminal Justice (TDCJ) |
| 2:2010cv00195 |
| August 6, 2010 |
| US District Court for the Northern District of Texas |
| Amarillo Office |
| Potter |
| Clinton E Averitte |
| Mary Lou Robinson |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
44
MEMORANDUM OPINION, ORDER granting 29 Motion for Summary Judgment and Order of Dismissal filed by Samual A Demerson. Ordered that Pltf's claims against dft Demerson in his official capacity is dismissed without prejudice FRCP 12(b)(2) and pl tf's claims against dft Demerson in his individual capacity are dismissed with prejudice. This Court declines to exercise pendant jurisdiction of any state law claims asserted; and they are therefore, Dismissed Without Prejudice. The Dismissal of pltf's claims against dft TDCJ without prejudice for failure to state a claim on which relief can be granted by Order of Partial Dismissal issued 10/19/10 qualifies as a "strike" under the PLRA. (Ordered by Judge Mary Lou Robinson on 9/28/2011) (plh)
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Filing
10
ORDER of Partial Dismissal -- This Court does hereby ADOPT the 8 Report and Recommendation of the US Magistrate Judge in this case. It is therefore ordered that the claims by plaintiff against defendant Texas Department of Criminal Justice (TDCJ) are dismissed without prejudice for failure to state a claim on which relief can be granted. Party Texas Department of Criminal Justice (TDCJ) terminated. 8 Report and Recommendation, terminated. (Ordered by Judge Mary Lou Robinson on 10/19/2010) (awc)
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