Maness v. Osaade et al

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DONALD WAYNE MANESS,
Plaintiff,
VS.
ELIZABETH OSAADE, ROBERTO
GARZA, and JOHN DOE,
Defendants.
)
)
)
)
) CIVIL ACTION NO.
)
) 3:24-CV-2650-G-BT
)
)
)
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Before the court are the Findings, Conclusions, and Recommendation of the
United States Magistrate Judge, dated March 6, 2026. See docket entry 56. The
plaintiff filed objections. See docket entry 57. The court has made a de novo review of
those portions of the Findings, Conclusions, and Recommendation to which
objections were made. The objections are overruled. The court reviewed the
remaining portions of the Findings, Conclusions, and Recommendation for plain
error. Finding none, the court ACCEPTS the Findings, Conclusions, and
Recommendation of the United States Magistrate Judge.
In his objection, the plaintiff seeks leave to amend his complaint. See docket
entry 57. Generally, a pro se litigant should be offered an opportunity to amend his
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complaint before it is dismissed. See Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir.)
(per curiam), cert. denied, 525 U.S. 865 (1998). And a court should freely give leave
to amend when justice so requires. FED. R. CIV. P. 15(a)(2). Accordingly, the
plaintiff will be allowed an opportunity to amend his complaint to cure the pleading
defects identified by the court. This amendment will be the plaintiff’s one
opportunity to plead his best case.
The plaintiff shall have thirty (30) days from receipt of this Order to file
his amended pleading. If no amended pleading is filed, this case will be dismissed
with prejudice.
SO ORDERED.
March 25, 2026.
___________________________________
A. JOE FISH
Senior United States District Judge
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