Valentine v. Director, TDCJ-CID et al
Filing
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ORDER. Plaintiff shall respond to any motion to dismiss or motion for summary judgment within thirty (30) days of the date in which the defendant's mailed plaintiff his copy of the motion, as shown on the defendant's certificate of service.(Signed by Magistrate Judge Frances H Stacy) Parties notified.(chorace)
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DWAYNE ALLEN VALENTINE,
FCI 41307-177,
Plaintiff,
v.
DIRECTOR, TDCJ-CID, et al.,
Defendants.
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CIVIL ACTION NO. H-11-0586
ORDER
Plaintiff Dwayne Allen Valentine, a federal inmate proceeding pro se and
in formapauperis, filed a civil rights complaint pursuant to 42 U.S.C.
6 1983 and a more
definite statement of his claims. (Docket Entries No.1, No.11). All defendants have been
served and have filed an answer. (Docket Entries No.17, No.27). Therefore, with respect
to this matter, the Court ORDERS the following:
1.
Within thirty (30) days of entry of this Order, the parties shall
disclose to each other all information relevant to the claims or
defenses of any party. The parties shall promptly file a notice of
disclosure after all such disclosure has taken place. No further
discovery will be allowed except on further order of the Court.
Conferences under FED.R. CIV.P. 16(b) and 26(Q are not required
except on further order of the Court.
2.
Defendants shall file any dispositive motion, including a motion
for summary judgment under FED.R. CIV.P. 56, within forty (40)
days after completion of the initial disclosure, as stated on the
notice of disclosure filed in this Court. The defendants shall
submit, with a business records affidavit, copies of any documents
relevant to plaintiffs claims and defendants' defenses, including
copies of any institutional rules or written unit rules relevant to the
alleged events forming the basis of this lawsuit. If the defendants
fail to file a motion for summary judgment within the forty (40)
day time limit, the defendants are ORDERED to file an advisory to
the Court regarding the reasons why summary judgment is
inappropriate in this case.
3.
Plaintiff shall respond to any motion to dismiss or motion for
summary judgment within thirty (30) days of the date in which the
defendants mailed plaintiff his copy of the motion, as shown on the
defendants' certificate of service. Failure of the plaintiff to
respond to any of defendants' motions within the time limit may
result in dismissal of this action for want of prosecution under FED.
R. CIV.P. 4 1(b).
4.
Each party shall serve the other party, or his counsel, with a copy
of every pleading, motion, or other paper submitted for
consideration by this Court. Service shall be by mail to the other
party. Every pleading, motion, or other document filed with the
Clerk of the Court shall be signed by at least one attorney of record
in his individual name, whose address shall be stated, or if the
party is proceeding pro se, by said party, with address likewise
stated. In the case of the pro se party, only signatures by the pro se
party will be accepted. If a layman signs a pleading, motion, or
other document on behalf of apro se party, such document will not
be considered by the Court.
5.
Every pleading, motion, or other document shall include on the
original a signed certificate stating the date a true and correct copy
of the pleading, motion, or document was mailed and to whom
mailed. Failure to mail a copy thereof as certified by the certificate
will subject that party to sanction by the Court. Sanctions may
include, but are not limited to, automatic striking of the pleading,
motion, or other document.
6.
There will be no direct communications with the U.S. District
Judge or Magistrate Judge. Communications must be submitted to
the Clerk with copies to the other party.
The Clerk will provide a copy of this order to the parties.
It is so ORDERED.
SIGNED at Houston, Texas, on
? Y d Z 3
,2012.
FRANCES H. STACY
UNITED STATES MAGISTRATE JUDG
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