Case 3:13-cv-00245 Document 1 Filed in TXSD on 07/02/13 Page 1 of 3

Texas Constitution, Bill of Rights, Article 1, Section 32 Marriage is in violation of the Fifth Amendment of the United States Constitution

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION
DOMENICO NUCKOLS Plaintiff,

United States Courts Southern District of Texns
FILED
JUL 022013
David J. Bradky, Clerk of Co;:rt

V,

STATE OF TEXAS RICK PERRY, Governor GREG ABBOT, Attorney General
Defendants,

1. At all times hereinafter mentioned, plaintiff was and still is a resident of 2114 Avenue K, Galveston, County of Galveston Texas 77550
2. Defendants, Governor Rick Perry and Attorney General Greg Abbot, duly elected officials of the State of Texas, have official offices at 300 West 15th Street, Austin, County of Travis Texas 78701.
3. The jurisdiction of this court is invoked pursuant to the United States Constitution
4. The Texas Constitution, Bill of Rights, Article 1, and Section 32 Marriage is in violation of the Fifth Amendment of the United States Constitution. Section 32 is unconstitutional as a deprivation of the equal liberty of

Case 3:13-cv-00245 Document 1 Filed in TXSD on 07/02/13 Page 2 of 3
persons that is protected by the Fifth Amendment. Reference Ruling 12-307 June 26, 2013 of the Supreme Court of the United States, United States v. Windsor. 5. WHEREFORE, plaintiff prays the Court declares Article 1, Section 32 of the Texas Constitution Bill of Rights be deemed unconstitutional under the Fifth Amendment of the United States Constitution. Any further relied which the court deem appropriate.
0\n'AC.Q£
DOMENICO NUCKOLS, Pro Se 2114 AVENUE K GALVESTON, TEXAS 77550 (409) 766-7032

Case 3:13-cv-00245 Document 1 Filed in TXSD on 07/02/13 Page 3 of 3
in this section. The failure or inability of any person to provide a right or service enumerated in this section may not be used by a defendant in a criminal case as a ground for appeal or post-conviction writ of habeas corpus. A victim or guardian or legal representative of a victim has standing to enforce the rights enumerated in this section but does not have standing to participate as a party in a criminal proceeding or to contest the disposition of any charge. (Added Nov. 7, 1989.)
Sec. 31. COMPENSATION TO VICTIMS OF CRIME FUND; COMPENSATION TO VICTIMS OF CRIME AUXILIARY FUND; USE OF FUND MONEY. (a) The compensation to victims of crime fund created by general law and the compensation to victims of crime auxiliary fund created by general law are each a separate dedicated account in the general revenue fund.
(b) Except as provided by Subsection (c) of this section and subject to legislative appropriation, money deposited to the credit of the compensation to victims of crime fund or the compensation to victims of crime auxiliary fund from any source may be expended as provided by law only for delivering or funding victim-related compensation, services, or assistance.
(c) The legislature may provide by law that money in the compensation to victims of crime fund or in the compensation to victims of crime auxiliary fund may be expended for the purpose of assisting victims of episodes of mass violence if other money appropriated for emergency assistance is depleted. (Added Nov. 4, 1997.)
Sec. 32. MARRIAGE. (a) Marr iage in this state shall consist only of the union of one man and one woman.
(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage. (Added Nov. 8, 2005.)
Sec. 33. ACCESS AND USE OF PUBLIC BEACHES. (a) In this
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 Case 3:13-cv-00245 Document 5 Filed in TXSD on 07/16/13 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION

DOMENICO NUCKOLS,
Plaintiff, VS.
STATE OF TEXAS, et al,
Defendants.

§ § § § CIVIL ACTION NO. 3:13-CV-245 § § § §

ORDER

Plaintiff Domenico Nuckols has moved to dismiss his pro se suit

challenging the Texas Constitution’s ban on same-sex marriage. See Docket Entry

No. 4. Because service has not yet been effectuated on Defendants, Nuckols may

dismiss his suit without prejudice under Federal Rule of Civil Procedure 41(a).

See Fed. R. Civ. P. 41(a). The Court therefore GRANTS the motion (Docket

Entry No. 4) and dismisses this case WITHOUT PREJUDICE.

SIGNED this 16th day of July, 2013.

___________________________________
Gregg Costa United States District Judge

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 Case: 3:13-cv-00245 As of: 07/24/2014 03:28 PM CDT 1 of 1
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Galveston) CIVIL DOCKET FOR CASE #: 3:13−cv−00245

CLOSED

Nuckols v. State Of Texas et al Assigned to: Judge Gregg Costa Cause: 42:1983 Civil Rights Act
Plaintiff Domenico Nuckols

Date Filed: 07/02/2013 Date Terminated: 07/16/2013 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Domenico Nuckols 2114 Avenue K Galveston, TX 77550 409−766−7032 PRO SE

V. Defendant State Of Texas
Defendant Rick Perry
Defendant Greg Abbott

Date Filed 07/02/2013 07/02/2013 07/08/2013
07/10/2013 07/15/2013 07/16/2013

# Docket Text
1 COMPLAINT against All Defendants (Filing fee $ 400) filed by Domenico Nuckols. (Attachments: # 1 Civil Cover Sheet)(ltrevino, ) (Entered: 07/02/2013)
2 MOTION/APPLICATION to Proceed In Forma Pauperis by Domenico Nuckols, filed. Motion Docket Date 7/23/2013. (ltrevino, ) (Entered: 07/02/2013)
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)
Summons Issued as to Greg Abbott, Rick Perry, filed.(ltrevino, ) (Entered: 07/10/2013)
4 MOTION to Dismiss by Domenico Nuckols, filed. Motion Docket Date 8/5/2013. (dwilkerson, ) (Entered: 07/15/2013)
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)