United States District Court, S.D. Texas, Corpus Christi Division
ORDER ON PENDING MOTIONS
JANICE ELLINGTON UNITED STATES MAGISTRATE JUDGE.
Richard A. Dunsmore brought this cause of action in state
court on June 4, 2015, seeking injunctive and declaratory
relief as well as damages from Defendant Scott A. Burroughs,
individually and as chief of police of Port Aransas, Texas.
Defendant removed the action to federal court on April 25,
2016 (D.E. 1). Plaintiff sought remand of the action to state
court, but his motion was denied on July 21, 2016 (D.E. 36).
In his amended complaint filed on December 5, 2016, Plaintiff
names as defendants the City of Port Aransas, Lieutenant
Johnson in his official capacity,  and Scott Burroughs in his
official capacity. (D.E. 55).
before the undersigned are: (1) Plaintiff's Motion in
Limine (D.E. 72); (2) Plaintiff's Motion that
Verification Barred by Heck vs. Humphrey is Being
Sought in the Trial Court (D.E. 75); and (3) Defendants'
Second Motion for Extension of Time to File Responsive
Pleadings and Dispositive Motions, and to Serve Disclosures
(D.E 79). For the reasons stated below, Plaintiff's
motions are denied and Defendants' motion is granted.
Order entered on February 8, 2017, the undersigned set forth
a detailed summary in the background section as to
Plaintiff's allegations raised in both his complaint and
amended complaint. (D.E. 66). The undersigned further took
judicial notice of two 2008 criminal proceedings in Brazoria
County, Texas, in which Plaintiff pleaded guilty to
convictions for sexual assault and attempted sexual assault.
See Dunsmore v. State, Nos. 01-10-00981-CR and
01-10-00982-CR, 2012 WL 1249418 (Tex. App. -Houston [1st
Dist.] 2012, pet. Ref'd). The undersigned's summary, as
set forth in the background section of the February 8, 2017
Order, is incorporated by reference herein and will not be
Motion in Limine
has filed a Motion in Limine seeking a Court order
instructing all attorneys, parties, and witnesses not to
mention certain matters before the venire panel or jury.
(D.E. 72). However, because this case has not been set for
trial, Plaintiff's motion is DENIED as premature.
Motion for Verification
has filed a Motion that Verification Barred by Heck vs.
Humphrey is Being Sought in the Trial Court. (D.E. 75).
Plaintiff states very clearly that he is not asking this
Court to release him from custody or vacate his Brazoria
County convictions. Rather than seek any type of relief from
this Court in his motion, Plaintiff is merely seeking to
verify with the Court that he is currently petitioning the
Brazoria County district court to release him from custody.
Accordingly, while taking notice of Plaintiff's
verification regarding his state court filings, his motion
(D.E. 75) is DENIED as unnecessary.
Motion for Extension
April 6, 2017, the undersigned granted Plaintiff's first
motion to extend deadlines and ordered Defendants to file a
responsive pleading and dispositive motions, if any, on or
before April 17, 2017. (D.E. 71). This deadline passed
without any action on the part of Defendants. On May 4, 2017,
Defendants submitted their second motion to extend these
deadlines, seeking until May 11, 2017 to file a responsive
pleading and to serve initial disclosures.
also seek to file dispositive motions within a week of the
Nueces County District Attorney's Office reviewing
materials in the possession of the Port Aransas Police
Department. Defendants ask for this additional time in order
to allow the Nueces County District Attorney's office
time to properly review these materials and to make a
decision about whether to move forward with any prosecution
of Plaintiff in Nueces County. Defendants, however, have not
provided a timetable as to when the District Attorney plans
to review the materials and make any decisions as to