Comstock v. City of Balch Springs et al
| Charles M Comstock |
| City of Balch Springs and Angeleana Tolliver |
| 3:2017cv00344 |
| February 6, 2017 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Jane J. Boyle |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
21
ORDER 17 ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE MAGISTRATE JUDGE. The Court GRANTS Defendants City of Balch Springs and Angeleana Tolliver's 16 motion to strike Plaintiff Charles M. Comstock's unauthorized sur-rep ly, and GRANTS IN PART Defendants' Federal Rules of Civil Procedure 12(b)(5) and 12(b)(6) 6 motion to dismiss Plaintiff's complaint. Accordingly, the Court QUASHES Plaintiff's defective service of process, DISMISSES the complain t without prejudice, and GRANTS Plaintiff leave to, by no later than 7/11/2017 file an amended complaint containing factual allegations that are sufficient enough to allege a plausible claim for relief and (2) properly serve that amended complaint on Defendants. (Ordered by Judge Jane J. Boyle on 6/26/2017) (axm)
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