Legal Opinion
Bordages v. McElroy
District Court, S.D. Texas
Decided March 1, 1996No. Civil Action No. H-92-2718PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
ATLAS, District Judge.
Pending before this Court is Defendant H.N. McElroy’s Motion to Dismiss or, in the Alternative, for Summary Judgment. [Doc. # 15]. Plaintiff, proceeding pro sé, has responded to this motion. [Doc. # 17].
Dismissal and Summary Judgment Standards
Dismissal under Fed.R.Civ.P. 12(b)(6) is appropriate when, taking the facts alleged in the complaint as true, it appears certain that the plaintiff can prove no set of facts in support of its claim which would entitle it to relief. C.C. Port, Ltd. v. Davis-Penn Mortgage Co., 61 F.3d 288, 289 (5th Cir.1995)…
2Cases cited19 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
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3Cited by1 opinion
- Okorie v. FoxworthDistrict Court, S.D. Mississippi · 2025