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WHITAKER v. CITY OF HOUSTON, TEX.

No. 91-2642.

963 F.2d 831 (1992)

Claude WHITAKER, Plaintiff-Appellant, v. CITY OF HOUSTON, TEXAS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 26, 1992.

Attorney(s) appearing for the Case

Gregg M. Rosenberg, Houston, Tex., for plaintiff-appellant.

Mark Thompson, John E. Fisher, Asst. City Attys., Houston, Tex., for defendants-appellees.

Before POLITZ, Chief Judge, and REYNALDO G. GARZA and WIENER, Circuit Judges.

WIENER, Circuit Judge:

In this procedurally tangled case, Plaintiff-Appellant Claude Whitaker complains that the district court abused its discretion in denying on grounds of undue delay his motion to amend his previously dismissed complaint. We adopt the rule enunciated by the Eleventh Circuit in Czeremcha v. Intern. Ass'n of Mach. & Aero. Workers,1 that, unless the dismissal order of the district court expressly states or...

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