Victorick v. Seiler et al, No. 4:2014cv00800 - Document 6 (S.D. Tex. 2014)
Court Description: MEMORANDUM AND ORDER entered DENYING as MOOT 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , DENYING as MOOT 3 MOTION to Dismiss Under Federal Rules 12(b)(1) and 12(B)(6) and Brief in Support. The complaint is dismissed with prejudice. This is a final judgment. Case terminated on 4/22/14.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Victorick v. Seiler et al Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DAVID LEE VICTORICK, Plaintiff, VS. MICHAEL T. SEILER, et al., Defendants. § § § § § § § § § CIVIL ACTION NO. H-14-800 MEMORANDUM AND ORDER On Friday, March 28, 2014, David Lee Victorick filed a complaint against the defendants seeking to enjoin the state-court criminal trial scheduled to proceed against him on Monday, March 31, 2014. (Docket Entry No. 1). On March 31, 2014, the court held an emergency hearing to consider whether a temporary injunction should issue against the state-court prosecution. After hearing from both parties, the court denied the request for a temporary injunction as stated on the record. (Docket Entry No. 4). The state-court prosecution proceeded and, on April 3, 2014, a judgment of guilty was entered against Victorick. (Docket Entry No. 5-1). Victorick only sought to enjoin the state-court prosecution. The court’s ruling and the statecourt’s entry of judgment disposes of his complaint. The complaint is dismissed with prejudice. Docket Entry Nos. 3 and 5 are denied as moot. This is a final judgment. SIGNED on April 22, 2014, at Houston, Texas. ______________________________________ Lee H. Rosenthal United States District Judge Dockets.Justia.com
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