Twohig v. NCI Biulding Systems et al, No. 4:2012cv03727 - Document 8 (S.D. Tex. 2013)
Court Description: MEMORANDUM OPINION AND ORDER granting 7 MOTION to Dismiss (Signed by Judge Sim Lake) Parties notified. (aboyd)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JOSHUA A. TWOHIG, # 2590580, § 5 5 Plaintiff, § § § § § § V. NCI BUILDING SYSTEMS, et al., CIVIL ACTION H-12 5 Defendants. MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS The plaintiff FED. CIV.P. 41 (a). R. has submitted a motion to dismiss under The courts have generally granted dismissal unless the defendants would suffer some plain legal prejudice other than the mere prospect of a second lawsuit. v. Manshack Southwestern Elec. Power Co., 915 F.2d 172, 174 (5th Cir. 1990) . No such prejudice has been shown in the instant case. The motion to dismiss (Docket Entry 7) is GRANTED. The account officials (# administering plaintiff's trust fund 2590580) are ORDERED to cease all withholding and payment of the filing fees in this action. This action is DISMISSED pursuant to the plaintiff's motion. The Clerk shall provide copies of this Memorandum Opinion and Order to the parties and to the Harris County Jail, Records Department, 1200 Baker Street, Houston, Texas 77002. SIGNED at Houston, Texas, on this @day of April, 2013. UNITED STATES DISTRICT JUDGE
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