West v. Onwuka

Filing 10

ORDER granting 3 Motion to Dismiss. Case terminated on 09/10/2014.(Signed by Judge Ewing Werlein, Jr) Parties notified.(gkelner, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TERRANCE B. WEST,

§
§
§

Plaintiff,

§
§
§
§
§
§

v.

C. P. ONWUKA,
Defendant.

CIVIL ACTION NO. H-14-1433

ORDER
Pending

is

Defendant

C.

P.

Onwuka's

Motion

to

Dismiss

Plaintiff's Complaint (Document No.3).

Plaintiff's response was

struck for

rules

failure

to comply with the

further response has been made. 1

of

court,

and no

The motion is therefore deemed

unopposed pursuant to Local Rule 7.4.
In his Small Claims Petition (the "Petition"), filed in state
court,

pro se Plaintiff Terrance B.

bribery,

harassment,

and

West

constitutional

("Plaintiff")

alleges

violations

against

Defendant C. P. Onwuka ("Defendant"), a Houston Police Department

1 On August
26, 2014, more than two months after his response
to Defendant's motion was due, Plaintiff filed a "Motion to Retain/
Response to Defendant's Motion to Dismiss," Document No.6, along
wi th three other documents.
Document Nos. 5, 7, 8.
All four
documents were struck either for failure to comply with Local Rules
5.4 or 7.1.D(1), or both. Document No.9. Even if the Court were
to consider Plaintiff's arguments contained in the struck
documents, they would not change the Court's ruling on Defendant's
motion.

off icer. 2

Defendant removed the case on the basis of

federal

question jurisdiction and now moves to dismiss for failure to state
a claim. 3
Rule 12 (b) (6) provides for dismissal of an action for" failure
to state a claim upon which relief can be granted."
12(b)(6).

To survive dismissal,

FED. R. CIV. P.

a complaint must plead "enough

facts to state a claim to relief that is plausible on its face."
Bell Atl. Corp. v. Twombly, 127 S. Ct. 1955, 1974 (2007)

"A claim

has facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that the
defendant

is

liable

for

the misconduct alleged."

Iqbal, 129 S. Ct. 1937, 1949 (2009).
need detailed factual allegations

Ashcroft v.

While a complaint "does not
[the] allegations must be

enough to raise a right to relief above the speculative level, on
the assumption that all the allegations in the complaint are true
(even if doubtful in fact)."
The

factual

allegations

Twombly, 127 S. Ct. at 1964-65.
in

Plaintiff's

Petition

consist

entirely of the following entry in the "Cause of Action" section:
REIMBURSEMENT [DUE] TO BRIBERY, ILLEGAL SEARCH AND
PROCEDURES / HARASSMENT.
REIMBURSEMENT CONSISTS OF AN
ILLEGAL TOW OF VEHICLE,
ILLEGAL PRISONER TOW AND
UNNECESSARY MONEY SPENT FOR BONDING OUT OF JAIL [DUE] TO
THIS UNLAWFULLY PROCEDURE: AMENDMENT I FREEDOM OF

2

Document No. 1-4 at 4 of 8.

3

Document Nos. 1, 3.
2

RELIGION, SPEECH, PRESS, ASSEMBLY AND PETITION, AMENDMENT
IV SEARCH AND ARREST: AMENDMENTS VI AND CIVIL CASES
OTHER.4
This conclusory list of causes of action, which does not identify
any specific actions by Defendant, does not provide "enough facts
to state a claim to relief that is plausible on its face" as to any
cause of action.
ORDERED

that

Twombly, 127 S. Ct. at 1974.
Defendant

C.

P.

Onwuka' s

It is therefore
Motion

to Dismiss

Plaintiff's Complaint (Document No.3) is GRANTED and Plaintiff's
claims are DISMISSED.
The Clerk will enter this Order, providing a correct copy to
all counsel of record.
SIGNED in Houston, Texas, this 10th day of September, 2014.

WERLEIN, J
STATES DISTRICT JUDGE

4 Document No. 1-4 at 4 of 8.
Plaintiff seeks reimbursement
in the amount of $354.90 for a tow fee, $278 for bond, and $2,500
for "DOWNPAYMENT DAMAGES DUE TO 2006 NISSAN ALTIMA." Id.
3