Atwood v. Punch et al, No. 4:2018cv01711 - Document 26 (S.D. Tex. 2018)

Court Description: MEMORANDUM OPINION AND ORDER - 1. Granting 23 MOTION to Dismiss PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) AND (6) and plaintiffs claims against Punch are DISMISSED WITH PREJUDICE. 2. Plaintiff's claims for monetary damag es against the defendants in their official capacity are DISMISSED WITH PREJUDICE as barred by immunity under the Eleventh Amendment. 3. Plaintiff's claims against defendants Doyle Davis, Matthew McClarin, and Lorie Davis in their individual capacity are DISMISSED WITHPREJUDICE. 4. This lawsuit is DISMISSED WITH PREJUDICE. 5. Any and all pending motions are DENIED AS MOOT. Email sent to Manager of Three Strikes List. (Signed by Judge Gray H Miller) Parties notified.(sanderson, 4)