United States District Court, W.D. Texas, Austin Division
WILLIAM J. PHILLIPS
CEDAR PARK POLICE DEPARTMENT
REPORT AND RECOMMENDATION OF THE UNITED STATES
W. AUSTIN, UNITED STATES MAGISTRATE JUDGE
HONORABLE ROBERT PITMAN UNITED STATES DISTRICT JUDGE
the Court is Plaintiff William J. Phillips' Complaint
(Dkt. No. 1), and Advisory to the Court (Dkt. No. 5). The
District Court referred Phillip's Motion to Proceed
In Forma Pauperis (Dkt. No. 2) to the undersigned
Magistrate Judge for a determination pursuant to 28 U.S.C.
§ 636(b) and Rule 1(c) of Appendix C of the Local Rules
of the United States District Court for the Western District
of Texas, Local Rules for the Assignment of Duties to United
States Magistrate Judges.
Court granted Phillips In Forma Pauperis status by
Order dated September 6, 2019. (Dkt. No. 4). The Court also
withheld service upon Defendant pending this Court's
review under § 1915(e). However, Phillips' Complaint
was insufficient for the Court to complete a frivolousness
review. Therefore, the Court entered the following Order:
such, Phillips is ORDERED to file by
September 27, 2019 a More Definite Statement
that, at a minimum, answers the following questions:
(1) What cause of action are you alleging; that is, what is
the specific legal claim that you are making?
(2) What is the factual basis for your claim - what happened
that made you file this case?
(3) What is the date of these events?
(4) Who are you alleging harmed you?
(5) How exactly were you harmed?
(6) What relief are you seeking?
Phillips is warned that, pursuant to Federal Rule of Civil
Procedure 12(e), failure to comply with this Order within the
time allotted will result in this Court's ...