Lewis-Piccolo v. City Of Houston et al

Filing 49

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

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
UMEKA LEWIS-PICCOLO ,
Plaintiff,
v.
CITY OF HOUSTON , et al.,
Defendants.

§
§
§
§
§
§
§
§
§

June 19, 2017
David J. Bradley, Clerk

CIVIL ACTION H-16-2897

O RDER
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

2