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BAUER v. TEXAS

No. 02-20412.

341 F.3d 352 (2003)

Ruth BAUER, Plaintiff-Appellant, v. The State of TEXAS; et al., Defendants, The Presiding Judge of Probate Court Number 3 of Harris County, Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised August 18, 2003.

Attorney(s) appearing for the Case

J. Ray Riley (argued), J. Ray Riley & Associates, Houston, TX, for Plaintiff-Appellant.

Kenneth R. Breitbeil (argued), Richard Gardner Wilson, McFall, Sherwood & Breitbeil, Houston, TX, for Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Texas.

Before GARWOOD and HIGGINBOTHAM, Circuit Judges, and FELDMAN, District Judge.

GARWOOD, Circuit Judge:

Plaintiff Ruth Bauer (Bauer) appeals the district court's dismissal pursuant to FED R. Civ. P. 12(b)(6) of her complaint against "the Presiding Judge of Probate Court No. 3 of Harris County, Texas," Judge Rory Olsen, "in his official capacity only", seeking a declaratory judgment under 42 U.S.C. § 1983 "that Section 875 of the Texas Probate Code is unconstitutional." We affirm.

Factual and Procedural Background

Bauer...

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