Diaz v. O'Brien
| Jesse Diaz |
| Kyle O'Brien |
| 5:2024cv00129 |
| February 7, 2024 |
| US District Court for the Western District of Texas |
| Henry J Bemporad |
| Orlando L Garcia |
| Constitutional - State Statute |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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Filing 9
ORDER GRANTING IN PART #8 Motion to Dismiss for Failure to State a Claim; GRANTING #8 Motion to Dismiss for Lack of Jurisdiction. On or before April 25, 2024, Plaintiff must file an amended complaint addressing the specific defects set out in Defendants motion and sufficiently alleging a plausibleclaim for relief so as to permit Defendant to reasonably prepare a response.Signed by Judge Henry J. Bemporad. (wg)
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| Filing 8 Motion to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Kyle O'Brien. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Dismiss, #2 Proposed Order Proposed Order Granting Motion for More Definitive Statement). Motions referred to Judge Henry J. Bemporad. (Lishman, Sarah) |
| Filing 7 Certified Mailing of #5 Report and Recommendations returned, received on 2/16/24. (bt) |
| Filing 6 Certified Mail Receipt of #5 Report and Recommendations (mgr) |
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Filing 5
REPORT AND RECOMMENDATIONS re Emergency Motion for temporary restraining order filed by Jesse Diaz, #1 Complaint filed by Jesse Diaz. Signed by Judge Henry J. Bemporad. (mgr)
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Henry J. Bemporad. Signed by Judge Orlando L. Garcia.. Referral Magistrate Judge: Henry J. Bemporad. (bt)
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| Filing 3 Case Opening Letter to Jesse Diaz. (vl) |
| Filing 2 Summons Issued as to Kyle O'Brien. (vl) |
| Filing 1 COMPLAINT (Filing fee $405.00 receipt number 4309), filed by Jesse Diaz. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt)(vl) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad. (vl) |
| EMERGENCY MOTION by Jesse Diaz. *Please see Complaint #1 for complete title of Motion.* (vl) |
| THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE ORLANDO L. GARCIA. (vl) |
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| Plaintiff: Jesse Diaz | |
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| Defendant: Kyle O'Brien | |
| Represented By: | Sarah Anne Lishman |
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