Narro v. Edwards et al

Filing 11

ORDER TO ANSWER (Signed by Judge George C Hanks, Jr) Parties notified. Copy mailed to Brazoria County Attorney along with initial complaint (Dkt. 1)(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
FERNANDO NARRO,
Plaintiff,
VS.
OFFICER EDWARDS, et al.,
Defendants.

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August 23, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. 3:16-CV-310

ORDER TO ANSWER
Fernando Narro is currently in the custody of the Texas Department of Criminal
Justice (“TDCJ”). While being held in the Brazoria County Detention Center, Narro
brought an action under 42 U.S.C. § 1983 alleging that Brazoria County deputies beat
him while he was handcuffed. Narro is proceeding pro se and has been granted leave to
proceed in forma pauperis. The Court has screened the pleadings pursuant to 28 U.S.C. §
1915A and finds that an answer from the defendants is necessary.
The Court further ORDERS as follows:
1.

The defendants shall have forty (40) days from receipt of this order to

answer. They shall respond to each and every factual and legal allegation made against
them by Narro.
2.

Within thirty (30) days after an answer is filed, the parties are to disclose

to each other all information relevant to the claims or defenses of any party. The parties
shall promptly file a notice of disclosure with the Court after such disclosure has taken

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place.

No further discovery will be allowed except on further order of the Court.

Further, conferences under Rule 26(f) and 16(b) of the Federal Rules of Civil Procedure
are not required except on further order of the Court.
3.

The defendants shall file any dispositive motion, including a motion for

summary judgment under Rule 56 of the Federal Rules of Civil Procedure, within ninety
(90) days after the date their answer is due. The defendants shall submit, with a business
records affidavit, copies of any documents relevant to Narro’s claims and the defendants’
defenses, including copies of any written policies or rules relevant to the alleged events
forming the basis of this lawsuit. If any of the conditions or events alleged i n this lawsuit
occurred at a jail or facility other than state prison, the defendants shall state whether
Narro was a pretrial detainee or a convicted felon when the conditions or events alleged
in this lawsuit occurred and provide any available information concerning Narro’s status.
4.

Narro will respond to any motion to dismiss or motion for summary

judgment within thirty (30) days of the date on which the defendants mailed Narro his
copy, as shown on the defendants’ certificate of service. Narro’s failure to respond to the
defendants’ motion within the time limit may result in dismissal of this action for want of
prosecution under Rule 41(b) of the Federal Rules of Civil Procedure.
5.

In addition, each party shall serve the other party, or his counsel, with a

copy of every pleading, motion, or other paper submitted for consideration by this Court.
Service shall be by mail to the other party. Every pleading, motion, or other document
filed with the Clerk of the Court shall be signed by at least one attorney of record in his
individual name, whose address shall be stated, or if the party is proceeding pro se, by
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said party, with address likewise stated. In the case of the pro se party, only signature by
the pro se party will be accepted.

If a layman signs a pleading, motion, or other

document on behalf of a pro se party, such document will not be considered by the Court.
6.

Every pleading, motion, or other document shall include on the original a

signed certificate of service stating the date a true and correct copy of the pleading,
motion, or document was mailed and to whom mailed. Failure to mail a copy thereof as
certified will subject that party to sanction by the Court. Sanctions may include, but are
not limited to, automatic striking of the pleading, motion, or other document.
7.

There will be no direct communications with the United States District

Judge or Magistrate Judge assigned to this case. Communications must be submitted to
the Clerk with copies to the other party. See Rules 5(a) and 11 of the Federal Rules of
Civil Procedure.
The Clerk will provide a copy of this order to the parties. The Clerk shall further
provide a copy of this order, along with a copy of Narro’s initial complaint (Dkt. 1), to
the Brazoria County Attorney, 111 East Locust Street, Room 408-A, Angleton, Texas
77515 by certified mail, return receipt requested.
SIGNED at Galveston, Texas, this 22nd day of August, 2017.
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George C. Hanks Jr.
United States District Judge

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