Legal Opinion

Drummond v. Merritt

District Court, N.D. Texas

Decided May 21, 1986No. Civ. A. No. 3-86-0623-FPublished

1Opinion of the Court

ORDER OF DISMISSAL

ROBERT W. PORTER, District Judge.

CAME ON for consideration this date, defendant’s Motion to Dismiss the above-styled and numbered cause, pursuant to Rules 12(b)(1) and 12(b)(6), F.R.Civ.P., for want of jurisdiction by reason of the failure of plaintiff to exhaust his administrative remedies and for failure to state a claim upon which relief can be granted with respect to plaintiff's monetary claim against plaintiff’s supervisor, the defendant, John W. Merritt, in his individual and personal capacity, as distinguished from his official capacity as an officer and employee of…

2Cases cited5 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Bush v. LucasSupreme Court of the United States · 1983
  3. James B. Stanley v. Central Intelligence Agency United States Department of Defense U.S. ArmyCourt of Appeals for the Fifth Circuit · 1981
  4. Eugene J. Broussard v. The United States Postal Service, William F. Bolger, in His Official Capacity as Postmaster General of the United StatesCourt of Appeals for the Fifth Circuit · 1982
  5. McLean v. United States Postal ServiceDistrict Court, W.D. Pennsylvania · 1982

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