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Spokane, Washington  Est. May 19, 1883

Clemens’ suit dismissed

Roger Clemens’ Texas lawsuit was dismissed Aug. 28. (Associated Press / The Spokesman-Review)
Associated Press

The remainder of Roger Clemens’ defamation suit against Brian McNamee in Texas has been dismissed, leaving the pair to fight their legal battle in New York.

U.S. District Judge Keith P. Ellison, who threw out most of Clemens’ case in February, dismissed the remainder of the suit on Aug. 28.

The dismissal was with prejudice, meaning Clemens can’t refile, but he plans to ask the 5th U.S. Circuit Court of Appeals to review Ellison’s decision.

Clemens initially had sued his former personal trainer in Texas state court in January 2008, a month after McNamee’s accusations against the seven-time Cy Young Award winner were published in the Mitchell Report.

The sides will carry on now in federal court in Brooklyn, where McNamee sued Clemens for defamation on July 31.

Hamilton rejoins Rangers

All-Star outfielder Josh Hamilton rejoined the Texas Rangers, uncertain when his back injury will enable him to return to the lineup.

Hamilton left Wednesday’s game against Toronto with a pinched nerve. He received an epidural Thursday, and because the shot did not take effect by Friday morning, he did not accompany the Rangers on their flight to Baltimore.

He arrived Saturday, but appeared to have difficulty walking.

Clearing the bases

Kansas City outfielder Jose Guillen will miss the rest of the season because of a right knee injury. Guillen sat out 37 games with a ligament tear, but was activated from the disabled list Tuesday. He struck out as a pinch hitter that day but left after only two at-bats with pain in his right hamstring Wednesday. … Pittsburgh right-hander Ross Ohlendorf became the second pitcher in club history to strike out the side on nine pitches. Ohlendorf fanned Khalil Greene, Julio Lugo and Jason LaRue in the seventh inning against the St. Louis Cardinals. … Arizona Diamondbacks outfielder Eric Byrnes has been activated from the disabled list. He missed 64 games with a broken left hand after he was hit by a pitch on June 25.