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)

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.

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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.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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