Opinion
CIVIL ACTION NO. 3:01-CV-0689-G.
May 8, 2001.
ORDER
Before the court is the motion of the defendant Fossil Partners, L.P. ("Fossil") to dismiss the claims of plaintiff Judith Lewis ("Lewis") under Federal Rules of Civil Procedure 8(a)(2), 8(e)(1), and 12(b)(6). Lewis has not responded to the motion.
Lewis filed her original petition in the district court, 116th Judicial District of Dallas County, Texas, on March 12, 2001. Plaintiff's Original Petition ("Petition") at 1. Lewis contends that after having worked for Fossil through a temporary agency, she was hired by the company on a permanent basis beginning on August 1, 2000. Petition at ¶ IIB. The factual allegations in her petition are virtually indecipherable. As best the court can tell, Lewis contends that the Fossil management staff are covert members of the Klu Klux Klan (the "Man") and that the Klan masterminded a murder plot against her, as a result of which she was covered in a "deadly rash." Id. Lewis's Petition alleges violations of three chapters of the Texas Penal Code, three titles of the Texas Civil Code, and eight chapters of Title 18 of the United States Code.
Federal Rule of Civil Procedure 8(a)(1) requires that all pleadings setting forth a claim for relief "shall contain . . . a short and plain statement of the claim showing that the pleader is entitled to relief, and . . . a demand for judgment for the relief the pleader seeks." Because Lewis's Petition is deficient in both respects, she is ordered to file in written form, no later than fifteen (15) days from the date of this order, a short and plain statement of her claim showing that she is entitled to relief, and a demand for judgment for the relief she seeks. If she fails to do so, her case will be subject to dismissal without further notice.