Richards et al v. Office of Violent Sex Offender Managment et al
| James Richards, Israel Escobar, Lonnie Vanzandt, John Alexander, Donald Barbee, Seth Hill, Daniel Frazier, David Dodson, Jerry Reed and Jimmy Crews |
| Office of Violent Sex Offender Management, Allison Taylor, Lisa Worry, Deborah Morgan, Alice Jauregui, Pondray Mathis, Billy Barnes, Christian Smith, Barbara Macnair, Holly White, Michael Wodkins, Debra Reed, Nicholas Edd, Susan Pocasangre, Eric Pierson and Southeast Texas Transitional Center |
| 4:2013cv01394 |
| May 13, 2013 |
| US District Court for the Southern District of Texas |
| Houston Office |
| XX US, Outside State |
| Ewing Werlein |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
311
ORDER OF DISMISSAL. It is ORDERED that Pltf's 309 MOTION for Voluntary Dismissal is GRANTED and this case is DISMISSED without prejudice; it is ORDERED that all other pending motions, if any, are DENIED AS MOOT. (Signed by Judge Ewing Werlein, Jr) Parties notified.(sanderson, 4)
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Filing
215
MEMORANDUM AND ORDER GRANTING IN PART 179 MOTION to Dismiss. Plaintiff's official capacity claims against McLane are DISMISSED as moot; Plaintiff's individual capacity claims against Taylor in Counts III and IV, along with the portions of Counts I and II that challenges Plaintiff's commitment at STTC are DISMISSED without prejudice for lack of jurisdiction and Plaintiff's individual capacity claim against Taylor in Count VIII is DISMISSED with prejudice for failure to st ate a claim. Defendant's motion is otherwise DENIED, and Plaintiff's individual capacity claims against Taylor in Counts I, II, VI, IX, XI, XVI, and XIX remain for adjudication. (Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4)
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Filing
198
MEMORANDUM AND ORDER ON PARTIAL DISMISSAL DENYING 163 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the substantive Due Process claims in Counts VI and XIV of Plaintiffs First Amended Complaint. GRANTING 163 Defendant Edds Motion to Dismis s is as to the State law claim in Count VII against Defendant Edd in his official capacity, which claim is DISMISSED without prejudice forlack of jurisdiction; and Defendant Edds Motion to Dismiss isGRANTED as to all other claims against Defendant and on all otherCounts in which Defendant Edd is named, and those claims and Countsagainst Defendant Edd are all DISMISSED for failure to state aclaim upon which relief can be granted.(Signed by Judge Ewing Werlein, Jr) Parties notified.(hcarr, 4)
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Filing
143
MEMORANDUM AND ORDER DENYING without prejudice 98 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , DENYING without prejudice 89 MOTION to Dismiss Pursuant to FRCP 12(b)(1) and 12 (b)(6), DENYING 127 MOTION for Preliminary Injunction, DISMISSING as moot 92 MOTION to Dismiss Pursuant to Fed R. Civ P. Rules 12(b)(1) & 12(b)(6), DENYING without prejudice 63 MOTION to Dismiss under Federal Rules 12(b)(1 ) and 12(b)(6) with Brief in Support, DENYING without prejudice 109 MOTION to Dismiss 12(b). Each of Plaintiffs who desires to continue to prosecute an action against one or more named Defendants shall file a First Amended Complaint in his own name in the cause number assigned to him. To proceed, each Plaintiff must file his First Amended Complaint within one month after the date of this Order, and no later than 4/21/2014. Defendants whose motions to dismiss are denied without p rejudice in this Order (Defendants Taylor, Worry, Morgan, Edd, Wodkins, Reed, and Pocasangre), shall have twenty-one (21) days after their attorney(s) of record is served by a Plaintiff with a First Amended Complaint, to move, answer, or otherwise pl ead in response to each such Plaintiffs First Amended Complaint; and those Defendants who previously filed responsive Answers to the Original Complaint (Defendants Jauregui, Mathis, Barnes, Smith, Macnair, White, Pierson, and STTC) shall have twenty-one (21) days after their attorney(s) of record is served with a copy of a Plaintiffs First Amended Complaint to file their First Amended Answer to each such First Amended Complaint. (Signed by Judge Ewing Werlein, Jr) Parties notified.(kcarr, 4)
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Filing
136
MEMORANDUM AND ORDER on 121 MOTION to Consolidate Lead Case No. 4:13-cv-1392, 129 MOTION for Appointment of Counsel, 133 MOTION to Strike 119 Reply to Response to Motion, 27 MOTION to Appoint Counsel, 31 MOTION to Certify Class, 122 MOTION Judicial Notice.(Signed by Judge Ewing Werlein, Jr) Parties notified.(kcarr, 4)
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