Hodge v. Engleman et al, No. 3:2021cv01916 - Document 45 (N.D. Tex. 2022)

Court Description: Memorandum Opinion and Order re: 41 Dismiss for Failure to State a Claim filed by Joshua Engleman, Robert Litvin. Plaintiff has not plausibly alleged an unconstitutional use of excessive force by Defendants Robert Litvin or Joshua Engleman. Nor do Plaintiffs pleadings against the Defendants warrant relief under state law. For the reasons stated above, the Court GRANTS the Third Motion to Dismiss of Defendants Engleman & Litvin [ECF No. 41 ] and DISMISSES Plaintiffs causes of action without prejudice. the Court nevertheless GRANTS Plaintiff leave to amend her complaint. The Court ORDERS Plaintiff to file any amended complaint by November 11, 2022. If the amended complaint is not filed by this date, Plaintiff's claims will be dismissed with prejudice. (Ordered by Judge Karen Gren Scholer on 10/21/2022) (ndt)