Opinion
Civil Action No. 3:00-CV-2059-L
May 14, 2001
ORDER
After making an independent review of the pleadings, files and records in this case, and the findings, conclusions, and recommendation of the United States Magistrate Judge filed on April 18, 2001, the court concludes that the findings and conclusions of the United States Magistrate Judge are correct. Plaintiff filed no objections. The findings, conclusions, and recommendation of the United States Magistrate Judge are hereby adopted by the court. The court severs the claims against the Kaufman County defendants (Kaufman County Sheriff's Department; Billy Jack Valentine; Bill Garmon; Kevin Garvin; Chief of Deputies Phifiphrey; Don Moore, Chief of Jailers; and Billy Hickmon). The clerk is directed to open a new civil action for Plaintiff against these Defendants, including a copy of the instant complaint in the new action.
Within twenty days of the date of this order, Plaintiff shall file an amended complaint in this case in which he fully sets out his claims against the Tarrant County defendants (Tarrant County Correction Center, Forth Worth Sheriff's Department, and the unnamed arresting Fort Worth officer) on this court's standard form. Failure to file such an amended complaint may result in the dismissal of this action for lack of prosecution, pursuant to Fed.R.Civ.P. 41 (b). The clerk is directed to mail to Plaintiff a copy of this order and a copy of the court's form for filing a complaint under 42 U.S.C. § 1983. No further process shall issue except upon order of the court. After docketing, this action is referred to United States Magistrate Judge Jane J. Boyle for further proceedings and the submission of findings, conclusions, and recommendation.