Gonzales v. Nueces County, Texas et al

Filing 36

ORDER granting 28 Motion to Dismiss for Failure to State a Claim; denying 29 Motion for Leave to File.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION DANNY GONZALES, Plaintiff, VS. NUECES COUNTY, TEXAS, et al, Defendants. § § § § § § § § January 17, 2017 David J. Bradley, Clerk CIVIL ACTION NO. 2:16-CV-00153 ORDER On December 15, 2016, Defendant Nueces County, Texas filed its “Suggestion of Defendant Justin Noland’s Pre-Suit Death and Motion to Dismiss Claims Against Defendant Noland” (D.E. 28). Plaintiff filed his “Motion for Leave to File Plaintiff’s Second Amended Original Complaint” (D.E. 29) and a Response (D.E. 30) to the motion to dismiss, noting that he was seeking leave to amend to dismiss Defendant Noland and that the motion to dismiss was therefore moot. After due consideration, the Court GRANTS the motion to dismiss and DISMISSES all claims against Justin Noland. The Court DENIES Plaintiff’s motion for leave, noting that, by Order (D.E. 32) issued January 4, 2017, the Court has directed Plaintiff to address additional matters before leave to amend will be granted. ORDERED this 17th day of January, 2017. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 1/1

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