Friday, October 21, 2005

Pro se Defendant Loses Dismissal Motion in Houston, Texas; Judge's Decision Gives No Reasons

It appears that a pro se defendant (i.e. a defendant representing himself, without an attorney), made a motion to dismiss complaint in Houston federal court, and the motion was denied. The judge's one-sentence order denying the motion was issued either on the same day, or one day after, the RIAA had put in its opposition papers, and does not say what the reason was for the ruling. It does not appear that any briefs were submitted by the defendant, or that the arguments made in Elektra v. Santangelo were made. The name of the case is BMG Music v. Conklin. Copies of the litigation documents of which we are aware are as follows:


Normally orders denying a motion to dismiss are not appealable in federal court.

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