District Court, E.D. Texas June 2, 2004, 4:03-cv-00325 (Tucker v. Ridge)

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT

SCHELL, District Judge.

This matter is before the court on “Defendant’s Motion to Dismiss Plaintiffs First Amended Complaint or in the Alternative Motion for Summary Judgment” (“Defendant’s Motion”) [Dkt. # 13], filed March 8, 2004. The court also has Plaintiffs response [Dkt.