Mata v. Dickinson Police Department et al

Filing 27

MEMORANDUM AND OPINION. The following motions are DENIED as moot: 3 MOTION/APPLICATION to Proceed In Forma Pauperis, 5 MOTION/APPLICATION to Proceed In Forma Pauperis, 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , and 8 MOTION/APPLICATION to Proceed In Forma Pauperis. Case terminated on 10/30/2014.(Signed by Judge Kenneth M. Hoyt) Parties notified.(amwilliams, 4)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
JUAN MANUEL MATA,

§
§
Plaintiff,
§
VS.
§
§
DICKINSON POLICE DEPARTMENT, et §
al,
§
§
Defendants.

CIVIL ACTION NO. 3:13-CV-396

MEMORANDUM AND OPINION
Plaintiff Juan Manuel Mata (SPN # 189118) filed this case pursuant to 42
U.S.C. §1983, on October 29, 2013, alleging an excessive use of force by Defendant Lex
Paxton, a police officer with the Dickinson Police Department. After defendant was
ordered to file an answer, counsel for Officer Paxton informed the Court that Mata was
awaiting trial on charges of (1) assault on Officer Paxton in his capacity as a police
officer and (2) attempt to take Officer Paxton’s weapon away with the intent to harm him.
The Court granted a stay of this proceeding pending the completion of the criminal
proceeding. See Wallace v. Kato, 549 U.S. 384, 393-94 (2007) (It is within the power of
the district court, and in accord with common practice, to stay a civil action until a
criminal case or the likelihood of a criminal case is ended.) Because Mata’s criminal
case still remains pending, the court must close this civil case until his state court
proceedings are completed.
Accordingly, the action filed by Juan Manuel Mata is premature. The Clerk must
CLOSE this case for administrative purposes until further notice. Mata must file a
1/2

“Motion to Reinstate” this case, if appropriate, within thirty days from the date that the
state court criminal case for the charges stated above are completed.
Any pending motions are DENIED as moot.
It is so ORDERED.
SIGNED on this 30th day of October, 2014.

___________________________________
Kenneth M. Hoyt
United States District Judge

2/2