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)

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,

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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.

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Andrew S. Hanen
United States District Judge