Escamilla v. City of Dallas

Full title: LORENZO ESCAMILLA, Plaintiff, VS. CITY OF DALLAS, et al, Defendants

Court: United States District Court, N.D. Texas

Date published: Jan 5, 2004

Civil Action No. 3:03-CV-0848-D (N.D. Tex. Jan. 5, 2004)

Opinion

Civil Action No. 3:03-CV-0848-D

January 5, 2004

ORDER

SIDNEY FITZWATER, District Judge

After making an independent review of the pleadings, files, and records in this case, and the July 28, 2003 findings and recommendation of the magistrate judge, the court concludes that the findings and conclusions are correct and are therefore adopted. Accordingly, defendants Mark Delapaz and Eddie Herrera's July 21, 2003 12(b)(6) motion to dismiss; motion for Rule 7(a) reply; alternative 12(e) motion for more definite statement are granted in part and denied in part.

No later than January 26, 2004, plaintiff must file a Fed.R.Civ.P. 7(a) reply that complies with the requirements recommended in the July 28, 2003 findings and recommendation of the magistrate judge. The court notes that plaintiff filed on December 8, 2003 a RICO case statement that purports to comply with the magistrate judge's findings and recommendation. Accordingly, unless a defendant objects to the statement or the magistrate judge later concludes that it does not comply with his findings and recommendation, the court concludes that plaintiff has complied with this aspect of the findings and recommendation that the court now adopts. SO ORDERED