ORDER
GRAY H. MILLER, District Judge.
Pending before the court are (1) a motion to dismiss the claims against defendant City of Houston (the "City") pursuant to Federal Rule of Civil Procedure 12(b)(6) (Dkt. 3); and (2) a motion to dismiss the claims against defendant J.W. Marcus pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) (Dkt. 5). Having considered the motions, responses, and applicable law, the court is of the opinion that both...
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