United States District Court, S.D. Texas, Corpus Christi Division
B. Libby United States Magistrate Judge.
Jose Fidencio Garza, a Texas inmate appearing pro se
and in forma pauperis, filed this civil rights
action pursuant to 42 U.S.C. § 1983. Plaintiff was
previously informed his complaint does not allege sufficient
facts to allow the undersigned to evaluate his claim.
Further, Plaintiff refused to attend or otherwise participate
in the April 17, 2017 hearing in this case. (D.E. 11).
Therefore, Plaintiff was ordered to submit a more definite
statement of the facts involved in this action using a
specific format on or before May 1, 2017. (D.E. 11). While
Plaintiff filed a response to this Order on May 5, 2017, he
did not file a more definite statement as directed. (D.E.
Plaintiff moves for the undersigned's recusal. This
Motion is DENIED. Plaintiff's argument is without merit
as Plaintiff has failed to demonstrate how the
undersigned's “impartiality might reasonably be
questioned” such that “a well-informed thoughtful
and objective observer would question” his impartiality
or that the undersigned has a bias stemming from a personal
or extrajudicial source. 28 U.S.C. § 455; Sieber
Calicutt v. Sphere Drake Ins. Co., 227 F.Supp.2d 623,
625-26 (E.D. Tex. 2002)(citations omitted).
in order to allow the Court to properly evaluate the merits
of this case, Plaintiff is hereby ORDERED to submit a
more definite statement of the facts involved in this action
by filing a written response to the questions posed below on
or before May 26, 2017. Plaintiff shall follow the format as
directed. It is insufficient for Plaintiff to refer back to
his complaint instead of answering each of the questions as
is ORDERED to answer the following questions or directives
for each Defendant he seeks to raise in this
lawsuit: Defendant's name: .
1. Explain what this defendant did to violate your rights.
2. Give the specific facts that support the claim.
3. When did this happen?
4. Where did this happen?
5. Explain how you were harmed or injured by this defendant
or this defendant's actions.
6. Is this defendant sued in his individual capacity,
official capacity or both?
7. What damages are you seeking from this defendant?