Opinion
CIVIL ACTION NO. H-17-2505
09-17-2018
LARRY MOORE, JR., Plaintiff, v. HOUSTON POLICE DEPARTMENT, CITY OF HOUSTON, and KEVIN HUBENAK Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
Having reviewed the Magistrate Judge's Memorandum and Recommendation (Docket Entry No. 41) dated August 15, 2018, the objections thereto, and the response to the objections, the court is of the opinion that said Memorandum and Recommendation should be adopted by this court. It is, therefore, ORDERED that the Memorandum and Recommendation is hereby ADOPTED by this court.
In Plaintiff's Response to Defendant Kelly's Motion to Dismiss and Kelly's Objections to the Magistrate Judge's Memorandum and Recommendation and Request for Leave to Amend Petition (Docket Entry No. 46), Plaintiff requested leave to amend his complaint "to identify, by name instead of reference, parties responsible for Plaintiff's deprivation of rights." The court GRANTS Plaintiff's request limited to identifying the defendant(s) against whom he is alleging each remaining cause of action. Plaintiff must file the amended pleading no later than fourteen days from the date of this order. Any further challenges by any defendant to Plaintiff's causes of action must to be filed pursuant to Federal Rule of Civil Procedure 56.
Plaintiff's Response to Defendant Kelly's Motion to Dismiss and Kelly's Objections to the Magistrate Judge's Memorandum and Recommendation and Request for Leave to Amend Petition, Docket Entry No. 41, p. 5. --------
SIGNED at Houston, Texas, this 17th day of September, 2018.
/s/_________
SIM LAKE
UNITED STATES DISTRICT JUDGE