Moore v. City of Houston et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TANISHA MOORE and DESTINY CEASAR, 	§
§
Plaintiffs, 	§
VS. 	§
§
CITY OF HOUSTON, et al., 	§
§
Defendants. 	§
§
§
CIVIL ACTION NO. 4:23-cv-3048
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Pending before the Court in the above-referenced proceeding are Defendants City of
Houston and Defendant Officers Hudeck, Vargas, McCreary, Holland, Hollis, Villa, Dexter, Seay,
and Lopez (collectively, 	"Defendants" excluding Officer Cameron Overstreet) 	Motion for
Judgment on the Pleadings (Doc. No. 58), and Magistrate Judge Bennett's Memorandum and
Recommendation (Doc. No. 71) that the Court grant Defendants' Motion for Judgment on the
Pleadings. The parties did not file objections to the Memorandum and Recommendation, and the
time to do so has since passed.
Upon review, the Court agrees with Magistrate Judge Bennett's conclusions. Accordingly,
it is hereby 	ORDERED 	that the 	Memorandum and Recommendation 	(Doc. 	No. 	71) 	is
ADOPTED. It is further ORDERED as follows:
• 	Defendants' Motion for Judgment on the Pleadings (Doc. No. 58) is GRANTED.
• 	Plaintiffs' Texas wrongful death and survival claims against the City of Houston
are DISMISSED with prejudice.
United States District Court
Southern District of Texas
ENTERED
June 03, 2026
Nathan Ochsner, Clerk
Case 4:23-cv-03048 Document 73 Filed 06/03/26 in TXSD Page 1 of 2

• 	Plaintiffs' Texas wrongful death and survival claims against Defendant Officers
Vargas, Lopez, Hudeck, McCreary, Holland, Hollis, Villa, Dexter, and Seay are
DISMISSED with prejudice.
As such, the only remaining claims in this case are the Fourth Amendment excessive force
and wrongful death claims under§ 1983 against Defendant Officer Overstreet.
r.) I~
Signed on this the _;;__ day of June, 2026.
;~)~
Andrew S. Hanen
United States District Judge
2
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