Meza v. City of Port Isabel et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM pursuant to Rule 12(b)(6) and Alternatively Rule 12(e) and Rules 7 and 8, 24 Report and Recommendations (Signed by Judge Andrew S Hanen) Parties notified.(mperez, 1)

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United States District Court Southern District of Texas IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS ––BROWNSVILLE DIVISION–– EDWARD MEZA, Plaintiff, § § § § § § § § VS. CITY OF PORT ISABEL, JUAN JOSE ZAMORA & MARTIN CANTU, Defendants. ENTERED January 19, 2017 David J. Bradley, Clerk CIVIL NO. B-16-137 ORDER On December 5, 2016, the United States Magistrate Judge filed a Report and Recommendation. [Doc. No. 24]. Plaintiff has objected to said Report and Recommendation. [Doc. No. 26]. Having considered de novo the Magistrate Judge’s Report and Recommendation and the issues raised by Plaintiff’s objections, the Court orders that the Magistrate Judge's Report and Recommendation is hereby adopted. Therefore, the motion to dismiss filed by Defendants City of Port Isabel, Juan Jose Zamora, and Martin Cantu is granted as follows: Plaintiff Edwardo Meza’s claims for (1) First Amendment retaliation; and (2) violations of ERISA are both dismissed with prejudice for failure to state a claim upon which relief can be granted, pursuant to Fed. R. Civ. P. 12(c). Additionally, Zamora and Cantu are both entitled to qualified immunity as to the First Amendment retaliation claim. Meza’s claims for breach of contract and fraudulent inducement are dismissed without prejudice to refiling in state court. Signed this 19th day of January, 2017. _______________________________ Andrew S. Hanen United States District Judge

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