![]() ![]() This was done in spite of case law and a Texas Supreme Court ruling that family discord is insufficient to not comply with the Testator’s wish.Defendant also denied Plaintiff due process and subjected her to uncivil courtroom behavior by an appointed attorney, and not allowing evidence to be entered that would ensure the appropriate administration of justice, and abuse of power by declaring Plaintiff to be “not suitable” to serve as the 1 st in line Executor of the last will and testament because of “family rancor”, and instead indicated that a third party administrator would be assigned which further depletes the estate.Owens, by repeatedly channeling money out of the estate into the coffers of the Court, the State of Texas and the Court Appointed Attorneys. Plaintiff alleges that Defendant actively participated and abetted in the estate trafficking of the Estate of Hattie B. This is a suit for estate trafficking against Judge Michael Newman in his capacity as probate judge.When, as here, a 12(b)(6) motion is used to test the sufficiency of the complaint in a civil rights case, the court will be “especially solicitous of the harms alleged.” Id. Edwards v City of Goldsboro, 178 F.3d 231, 244 (4 th Cir. As with standing, the court will assume all factual allegations are true and draw all reasonable inferences in favor of the plaintiff. Dismissal under rule 12(b)(6) is proper only when the complaint lacks a cognizable legal theory or does not allege facts that, when taken as a whole, raise the claim for relief above mere speculation. ![]() Defendant presents arguments under Federal Rule of Civil Procedure 12(b)(6) (failure to state a claim upon which relief can be granted.).For the reasons outlined below, Defendant’s Motion should be denied. This Response and Brief is filed by Plaintiff in Response to Defendant’s Motion to Dismiss under Federal Rule of Procedure 12(b)(6). PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION TO DISMISS PURSUANT TO RULE 12(B)(6), FED. Judge, Probate Court #2 of Harris County, § Individually and in his Official Capacity as § ![]()
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