TROXELL v. CITY OF SOUTH HOUSTON, H-12-01835. (2013)
Court: District Court, S.D. Texas
Number: infdco20130802b81
Visitors: 3
Filed: Aug. 01, 2013
Latest Update: Aug. 01, 2013
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM & RECOMMENDATION AND ORDER OF REMAND GRAY H. MILLER, District Judge. Having reviewed the Magistrate Judge's Memorandum & Recommendation dated July 11, 2013 (Dkt. 23), to which neither party objected, the court is of the opinion that the Memorandum & Recommendation be adopted by this court. It is ORDERED that the Memorandum & Recommendation (Dkt. 23) is hereby ADOPTED by the court and defendants' motion to dismiss (Dkt. 14) is GRANTED IN PART.
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM & RECOMMENDATION AND ORDER OF REMAND GRAY H. MILLER, District Judge. Having reviewed the Magistrate Judge's Memorandum & Recommendation dated July 11, 2013 (Dkt. 23), to which neither party objected, the court is of the opinion that the Memorandum & Recommendation be adopted by this court. It is ORDERED that the Memorandum & Recommendation (Dkt. 23) is hereby ADOPTED by the court and defendants' motion to dismiss (Dkt. 14) is GRANTED IN PART. ..
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ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM & RECOMMENDATION AND ORDER OF REMAND
GRAY H. MILLER, District Judge.
Having reviewed the Magistrate Judge's Memorandum & Recommendation dated July 11, 2013 (Dkt. 23), to which neither party objected, the court is of the opinion that the Memorandum & Recommendation be adopted by this court.
It is ORDERED that the Memorandum & Recommendation (Dkt. 23) is hereby ADOPTED by the court and defendants' motion to dismiss (Dkt. 14) is GRANTED IN PART. Plaintiff's federal due process claims are DISMISSED WITH PREJUDICE.
Further, the court agrees with the Magistrate Judge's recommendation that the court should decline to exercise supplemental jurisdiction over plaintiff's remaining Texas state-law claims. See 28 U.S.C. § 1367(c); Enochs v. Lampasas Cnty., 641 F.3d 155, 161 (5th Cir. 2011) ("Our general rule is to dismiss [supplemental] state claims when the federal claims . . . are dismissed."). Thus, it is further ORDERED that plaintiff's state-law claims are REMANDED to the 234th Judicial District Court of Harris County, Texas.
Source: Leagle
