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Garza v. Herbst

United States District Court, S.D. Texas, Corpus Christi Division

May 11, 2017

JOSE FIDENCIO GARZA, Plaintiff,
v.
JENNIFER HERBST, et al, Defendants.

          ORDER

          Jason B. Libby United States Magistrate Judge.

         Plaintiff 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. 12).

         Further, 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).

         Again, 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 ordered.

         INSTRUCTIONS

         Plaintiff 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?

         CONCLUDING ...


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