Case: Nuckols v. Perry

3:13-cv-00245 | U.S. District Court for the Southern District of Texas

Filed Date: July 2, 2013

Closed Date: July 16, 2014

Clearinghouse coding complete

Case Summary

This case began on July 2, 2014, when a Texas resident filed a complaint in the U.S. District Court for the Southern District of Texas against the state of Texas under 42 U.S.C. § 1983. The plaintiff represented himself and asked the court to declare that Texas laws that prohibit same-sex marriage are unconstitutional. The plaintiff claimed that the same-sex marriage ban violated his Fifth Amendment rights as guaranteed by the United States Constitution.

On July 15, 2014, the plaintiff filed a motion to dismiss, and the next day it was granted by the court (Honorable Judge Gregg Costa). The pro se plaintiff's stated reason for dismissal was the existence of a similar lawsuit in the state of Pennsylvania.

Summary Authors

Megan Dolan (7/28/2014)

People


Judge(s)

Costa, Gregg Jeffrey (Texas)

Judge(s)

Costa, Gregg Jeffrey (Texas)

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Documents in the Clearinghouse

Document

3:13-cv-00245

Docket [PACER]

July 16, 2013

July 16, 2013

Docket
1

3:13-cv-00245

Complaint

July 2, 2013

July 2, 2013

Complaint
5

3:13-cv-00245

Order

Nuckols v. State of Texas

July 16, 2013

July 16, 2013

Order/Opinion

Docket

Last updated Feb. 21, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400) filed by Domenico Nuckols. (Attachments: # 1 Civil Cover Sheet)(ltrevino, ) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

2

MOTION/APPLICATION to Proceed In Forma Pauperis by Domenico Nuckols, filed. Motion Docket Date 7/23/2013. (ltrevino, ) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

3

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/9/2013 at 11:00 AM in Sixth Floor Courtroom before Judge Gregg Costa(Signed by Judge Gregg Costa) Parties notified.(ccarnew, ) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

Summons Issued as to Greg Abbott, Rick Perry, filed.(ltrevino, ) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

4

MOTION to Dismiss by Domenico Nuckols, filed. Motion Docket Date 8/5/2013. (dwilkerson, ) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

5

ORDER OF DISMISSAL re 4 Motion to Dismiss. Case terminated on 7/16/2013(Signed by Judge Gregg Costa) Parties notified.(dwilkerson, ) (Entered: 07/16/2013)

July 16, 2013

July 16, 2013

Case Details

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: July 2, 2013

Closing Date: July 16, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a resident of Texas who believed that the Texas' ban on same-sex marriage was unconstitutional.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Texas, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Marriage

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sex discrimination

Sexual orientation

Affected Sex or Gender:

Female

Male