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16-238 - May v. State of Texas


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16-238 - May v. State of Texas
November 27, 2017
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REPORT AND RECOMMENDATION: Re: 1 Complaint filed by Alonzo May. The undersigned recommends that Defendant's Motion to Dismiss under Rule 12(b)(5) be granted and that the United States District Court dismiss without prejudice May's Complaint and all claims therein for insufficient service of process. The court further recommends that Defendant's Motion to Dismiss be denied in all other respects. The court recommends that the United States District Court dismiss without prejudice May's Complaint and all claims therein under Rule 12(h)(3) for lack of subject matter jurisdiction. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 11/27/2017) (bdg)
February 8, 2018
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Order: Adopting Findings and Recommendations re: 33 Findings and Recommendations on 1 Complaint, filed by Alonzo May. The Court, having accepted the Magistrate Judge's sua sponte recommendation regarding subject-matter jurisdiction, finds that it has no jurisdiction over this case and that the civil action should therefore be DISMISSED without prejudice for lack of jurisdiction. In the alternative, the Court notes that even if jurisdiction did exist, it would GRANT in part Defendant's Motion to Dismiss and would dismiss this case without prejudice for insufficient service of process (for the reasons stated in the Report and Recommendation). (Ordered by Senior Judge Sam R. Cummings on 2/8/2018) (krd)