Opinion
CIVIL ACTION NO. 3:00-CV-2436-G.
September 18, 2001.
MEMORANDUM ORDER
On June 21, 2001, the court granted the motion of the defendant J.M. Jameson ("Jameson") to require the plaintiff to file a reply under Rule 7(a), F.R.Civ.P., setting forth facts with specificity sufficient to overcome Jameson's claim of qualified immunity. The order required the reply to be filed "within 20 days from [June 21]," i.e., by July 11, 2001.
The plaintiff has failed to file the reply as ordered. Because the plaintiff has not set forth facts that would overcome Jameson's claim of qualified immunity, his claims against Jameson are DISMISSED. See Aston v. City of Cleburne, 2000 WL 217876, *2, No. 3:99-CV-2255-H (N.D. Tex. Feb. 22, 2000) ("Should Plaintiff's reply fail to plead facts sufficient to overcome an assertion of qualified immunity, the Court may dismiss the complaint for failure to state a claim."); Ramsey v. Howell, 1999 WL 118793, *2 and n. 3, No. 3:96-CV-3358-G (N.D. Tex. Feb. 25, 1999) (where the plaintiff filed a Rule 7 reply which failed to show why the defendants were not entitled to qualified immunity, the defendants' motion to dismiss for failure to state a claim was granted).
In the alternative, Jameson's motion to dismiss under F.R.Civ.P. 41(b), filed August 9, 2001, is GRANTED.
The plaintiff's claims against Jameson are DISMISSED.