Michael Rodgers v. City of Dalla

Filing

UNPUBLISHED OPINION FILED. [16-11624 Affirmed ] Judge: TMR , Judge: PRO , Judge: JWE Mandate pull date is 04/10/2017 [16-11624]

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Case: 16-11624 Document: 00513918802 Page: 1 Date Filed: 03/20/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11624 Summary Calendar MICHAEL RODGERS, United States Court of Appeals Fifth Circuit FILED March 20, 2017 Lyle W. Cayce Clerk Plaintiff - Appellant v. DALLAS COUNTY, Defendant - Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CV-1631 Before REAVLEY, OWEN, and ELROD, Circuit Judges. PER CURIAM:* The judgment of the district court is affirmed. In the Original Complaint the Appellant named the City of Dallas and the Lew Sterrett Justice Center as defendants. Dallas County is the Appellee in this appeal. The district court correctly ruled that no official Dallas County policy was pleaded as a plausible moving force behind the Appellant’s claims, and also that the claims were Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 16-11624 Document: 00513918802 Page: 2 Date Filed: 03/20/2017 No. 16-11624 barred by limitations because when more than a year remained for service on Dallas County, but despite numerous reminders, not done. AFFIRMED. 2

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