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07-052 - Garza, v. U.S. Marshall's Service et al


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07-052 - Garza, v. U.S. Marshall's Service et al
February 21, 2008
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OPINION AND ORDER granting in part and denying in part9 Defendant Ybarra's Pro Se Answer and Rule 12(b)(6) Plea. Basedon the foregoing, the Court GRANTS IN PART and DENIES IN PART Defendant Jose Ybarra's Pro Se Answer and Rule 12(b)(6) Plea. Dkt. No. 9. The Court GRANTS Ybarra's motion as to the following claims asserted by Plaintiff against Defendant Ybarra: (1) Plaintiff Section 1983 claim based upon a conspiracy to violate Plaintiff's civil rights and destroy evidence of such actions; (2) Plaintiff's Section 1981 claim; (3) Plaintiff's Section 1985(3) claim; and (4) any claims Plaintiff has asserted pursuant to the Texas Constitution. Accordingly, the Court DISMISSES such claims. The Court DENIES Ybarra's motion as to all other requests.( Signed by Judge Hilda G Tagle ) Parties notified.(bcampos, )
February 21, 2008
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OPINION AND ORDER granting 15 Motion to Dismiss; Based on the foregoing, the Court finds that the United States Marshals Service is not the proper party to this suit because its status as a federal agency precludes it from being sued under the Federal Tort Claims Act. Therefore, the Court determines that it lacks subject matter jurisdiction over the United States Marshals Service in this matter. Accordingly, the Court GRANTS the United States Marshals Service Motion to Dismiss and DISMISSES the party from this action. Dkt. No. 15. Pursuant to the previous Order from the Court, the remaining parties in this matter shall submit their proposed Joint Discovery/Case Management Plan to the Court within 30 days of this Opinion & Order. Dkt. No. 18.( Signed by Judge Hilda G Tagle ) Parties notified.(bcampos, )