Mata v. Dickinson Police Department et al, No. 3:2013cv00396 - Document 27 (S.D. Tex. 2014)
Court Description: MEMORANDUM AND OPINION. The following motions are DENIED as moot: 3 MOTION/APPLICATION to Proceed In Forma Pauperis, 5 MOTION/APPLICATION to Proceed In Forma Pauperis, 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , and 8 MOTION/APPLICATION to Proceed In Forma Pauperis. Case terminated on 10/30/2014.(Signed by Judge Kenneth M. Hoyt) Parties notified.(amwilliams, 4)
Download PDF
<![CDATA[
Mata v. Dickinson Police Department et al Doc. 27 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION JUAN MANUEL MATA, § § Plaintiff, § VS. § § DICKINSON POLICE DEPARTMENT, et § al, § § Defendants. CIVIL ACTION NO. 3:13-CV-396 MEMORANDUM AND OPINION Plaintiff Juan Manuel Mata (SPN # 189118) filed this case pursuant to 42 U.S.C. §1983, on October 29, 2013, alleging an excessive use of force by Defendant Lex Paxton, a police officer with the Dickinson Police Department. After defendant was ordered to file an answer, counsel for Officer Paxton informed the Court that Mata was awaiting trial on charges of (1) assault on Officer Paxton in his capacity as a police officer and (2) attempt to take Officer Paxton’s weapon away with the intent to harm him. The Court granted a stay of this proceeding pending the completion of the criminal proceeding. See Wallace v. Kato, 549 U.S. 384, 393-94 (2007) (It is within the power of the district court, and in accord with common practice, to stay a civil action until a criminal case or the likelihood of a criminal case is ended.) Because Mata’s criminal case still remains pending, the court must close this civil case until his state court proceedings are completed. Accordingly, the action filed by Juan Manuel Mata is premature. The Clerk must CLOSE this case for administrative purposes until further notice. Mata must file a 1/2 Dockets.Justia.com “Motion to Reinstate” this case, if appropriate, within thirty days from the date that the state court criminal case for the charges stated above are completed. Any pending motions are DENIED as moot. It is so ORDERED. SIGNED on this 30th day of October, 2014. ___________________________________ Kenneth M. Hoyt United States District Judge 2/2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
