Lewis-Piccolo v. City Of Houston et al
ORDER ADOPTING 47 Memorandum and Recommendation DENYING 43 Third MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , GRANTING IN PART DENYING IN PART 42 MOTION to Dismiss Plaintiff's Third Amended Complaint, DENYING AS MO OT 20 MOTION to Dismiss 18 Amended Complaint/Counterclaim/Crossclaim etc. , DENYING AS MOOT 22 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Umeka Lewis. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
United States District Court
Southern District of Texas
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
UMEKA LEWIS-PICCOLO ,
CITY OF HOUSTON , et al.,
June 19, 2017
David J. Bradley, Clerk
CIVIL ACTION H-16-2897
Pending before the court is the Magistrate Judge’s Memorandum and Recommendation
(“M&R”), recommending that (1) defendants City of Houston and Elizabeth E. Gonzalez’s motion
to dismiss (Dkt. 42) be GRANTED IN PART AND DENIED IN PART; (2) that defendant Maged
Mohammed Abuzaid’s (also known as David Reyes) motion to dismiss (Dkt. 43) be DENIED; and
that (3) defendants’ earlier motions to dismiss plaintiff’s second amended complaint (Dkts. 20, 22)
be DENIED AS MOOT. Dkt. 47. According to the M&R, the following claims remain: “Plaintiff’s
Section 1983 claim against Gonzalez and Plaintiff’s claims for assault and IIED against Abuzaid.”
Id. at 25–26.
The M&R advises that any party wishing to object to the M&R must do so by June 15, 2017.
Id. at 26. The court has received no objections. The court, having reviewed the M&R, relevant
documents in the record, and the applicable law, and having received no objections, ADOPTS the
M&R in its entirety.
For the reasons stated in the M&R, (1) defendants City of Houston and Gonzalez’s motion
to dismiss (Dkt. 42) is GRANTED IN PART AND DENIED IN PART; (2) Abuzaid’s motion to
dismiss (Dkt. 43) is DENIED; and (3) defendants’ earlier motions to dismiss plaintiff’s second
amended complaint (Dkts. 20, 22) are DENIED AS MOOT.
It is so ORDERED.
Signed at Houston, Texas on June 19, 2017.
Gray H. Miller
United States District Judge
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