Gallagher v. Judge Willis et al
| Ryan Gallagher |
| Judge Willis, Ken Paxton, Robert E Davis, Honorable David Rippel, Honorable Ray Wheless, Collin County Texas, Judge Ray Wheeless and Honorable David Ripple |
| 4:2018cv00575 |
| August 13, 2018 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| XX US, Outside State |
| Amos L Mazzant |
| Christine A Nowak |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 10, 2019. A more recent docket listing may be available from PACER.
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Filing 89
MEMORANDUM ADOPTING REPORTS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE. ORDERED that each of Defendants Collin County and Judge Rippel's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. #51 ), Judge Wheless's Motion to Dismiss (Dkt. #58 ), and Attorney General Paxton's Motion to Dismiss (Dkt. #59 ) are GRANTED. Plaintiff's 1983 claims against Defendants Judges Wheless and Rippel and AG Paxton in their official capacities are DISMISSED WITHOUT PREJUDICE, and Plaintiff's 1983 claims against Defendants Judges Wheless and Rippel and AG Paxton in their individual capacities are DISMISSED WITH PREJUDICE. It is further ORDERED that Plaintiff's "Request for Writs of Quo Warranto, Prohibition & Mittimus" (Dkt. #36 ) is DENIED. It is further ORDERED that Defendant Collin County's Motion for Sanctions and to Declare Plaintiff a Vexatious Litigant (Dkt. #65 ) and Supplement (Dkt. #73 ) be GRANTED IN PART AND DENIED IN PART. All relief not previously granted is DENIED. The Clerk is directed to CLOSE this civil action. Signed by District Judge Amos L. Mazzant, III on 9/10/2019. (daj, )
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| Filing 88 MOTION for Transfer by Ryan Gallagher. (Attachments: #1 Envelope(s))(daj, ) |
| Filing 87 DEMAND for Trial by Jury by Ryan Gallagher. (Attachments: #1 Envelope(s))(daj, ) |
| Filing 86 RESPONSE to #85 Objection to Report and Recommendations by Collin County Texas. (Davis, Robert) |
| Filing 85 OBJECTION to #80 Report and Recommendations by Ryan Gallagher. (daj, ) |
| Filing 84 MOTION to transfer to Northern District by Ryan Gallagher. (daj, ) |
| Filing 83 MOTION to end ECF notices by Ryan Gallagher. (Attachments: #1 Envelope(s))(daj, ) |
| Filing 82 MOTION for Reconsideration (Limited) Reconsideration of Scope of Pre-Filing Restrictions Contained in R & R by Collin County Texas. (Attachments: #1 Exhibit Email from Plaintiff (5-16-19), #2 Exhibit Magistrate Sander R&R, #3 Text of Proposed Order)(Davis, Robert) |
| Filing 81 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The Court recommends Defendant Collin County's Motion for Sanctions and to Declare Plaintiff a Vexatious Litigant [Dkt. #65 ] and Supplement [Dkt. #73 ] be GRANTED IN PART AND DENIED IN PART. Signed by Magistrate Judge Christine A. Nowak on 5/15/2019. (daj, ) |
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Filing 80
ORDER AND REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The Court recommends that Defendants Collin County and Judge Rippel's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) [Dkt. #51 ], Judge Wheless's Motion to Dismiss [Dkt. #58 ], and Attorney General Paxton's Motion to Dismiss [Dkt. #59 ] each be GRANTED. Further, the undersigned recommends that Plaintiff's "Request for Writs of Quo Warranto, Prohibition & Mittimus" [Dkt. #36 ] be DENIED. ORDERED that Plaintiff's "Motion to Proceed Against Witch Hunt" [Dkt. #71 ], "Motion to Compel" [Dkt. #72 ], and "Motion for Discovery or Settlement Hearing" [Dkt. #74 ], are DENIED AS MOOT. Signed by Magistrate Judge Christine A. Nowak on 5/15/2019. (daj, )
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Filing 79
ORDER granting in part and denying in part #77 MOTION for ECF filed by Ryan Gallagher. ORDERED that the Clerk of Court shall add Plaintiff's email address: mahatmajapa@gmail.com to the electronic service list. Signed by Magistrate Judge Christine A. Nowak on 5/15/2019. (daj, )
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| Filing 78 Supplemental MOTION for Sanctions by Collin County Texas. (Attachments: #1 Exhibit Magistrate Judge Recommendation, #2 Exhibit Order adopting R&R, #3 Text of Proposed Order)(Davis, Robert) |
| Filing 77 MOTION for ECF by Ryan Gallagher. (daj, ) |
| Filing 76 NOTICE of Change of Address by Ryan Gallagher (Attachments: #1 Envelope(s))(daj, ) |
| Filing 75 RESPONSE to Motion re #73 Supplemental MOTION for Sanctions filed by Ryan Gallagher. (Attachments: #1 Envelope(s))(daj, ) |
| Filing 74 MOTION for Discovery or Settlement Hearing, by Ryan Gallagher. (Attachments: #1 Envelope(s))(daj, ) |
| Filing 73 Supplemental MOTION for Sanctions by Collin County Texas. (Attachments: #1 Exhibit New lawsuit, #2 Exhibit Gallagher Email)(Davis, Robert) |
| Filing 72 MOTION to Compel by Ryan Gallagher. (Attachments: #1 Envelope(s))(daj, ) |
| Filing 71 MOTION to proceed against witch hunt by Ryan Gallagher. (Attachments: #1 Envelope(s))(daj, ) |
| Filing 70 ACKNOWLEDGMENT OF RECEIPT by Ryan Gallagher as to #68 Order, #69 Order. (rpc, ) |
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Filing 69
ORDER denying Defendants Collin County and Judge Rippel's #61 Motion to Strike Plaintiff's Untimely Response. Signed by Magistrate Judge Christine A. Nowak on 1/14/2019. (daj, )
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Filing 68
ORDER granting Defendants Collin County and Judge Rippel's #52 "Motion to Stay Discovery and Abatement of Order for Rule 26 Conference Pending Determination of their Motion to Dismiss and Immunities" is GRANTED. Signed by Magistrate Judge Christine A. Nowak on 1/14/2019. (daj, )
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| Filing 67 REPLY to Response to Motion re #65 MOTION for Sanctions filed by Collin County Texas. (Davis, Robert) |
| Filing 66 RESPONSE to Motion re #65 MOTION for Sanctions filed by Ryan Gallagher. (Attachments: #1 Envelope(s))(rpc, ) |
| Filing 65 MOTION for Sanctions by Collin County Texas, David Ripple. (Attachments: #1 Exhibit Letter to Plaintiff, #2 Exhibit Letter to Plaintiff, #3 Exhibit Letter to Plaintiff, #4 Exhibit Letter to Plaintiff, #5 Exhibit Email to Plaintiff, #6 Exhibit Email from Plaintiff, #7 Exhibit Email from Plaintiff, #8 Exhibit List of Gallagher cases, #9 Text of Proposed Order)(Davis, Robert) |
| Filing 64 REPLY to Response to Motion re #51 MOTION to Dismiss filed by Collin County Texas, David Ripple. (Davis, Robert) |
| Filing 63 REPLY to Response to Motion re #58 MOTION to Dismiss filed by Ray Wheeless. (Graydon, Scot) |
| Filing 62 REPLY to Response to Motion re #59 MOTION to Dismiss filed by Ken Paxton. (Graydon, Scot) |
| Filing 61 MOTION to Strike #60 Response to Motion by Collin County Texas, David Ripple. (Attachments: #1 Text of Proposed Order)(Davis, Robert) |
| Filing 60 RESPONSE to Motion re #51 MOTION to Dismiss , #58 MOTION to Dismiss , #59 MOTION to Dismiss filed by Ryan Gallagher. (Attachments: #1 Envelope(s))(daj, ) |
| Filing 59 MOTION to Dismiss by Ken Paxton. (Attachments: #1 Text of Proposed Order)(Graydon, Scot) |
| Filing 58 MOTION to Dismiss by Ray Wheeless. (Attachments: #1 Text of Proposed Order)(Graydon, Scot) |
| Filing 57 NOTICE of Designation of Attorney in Charge to Scot Macdonald Graydon on behalf of Ray Wheeless (Graydon, Scot) |
| Filing 56 SUMMONS Returned Executed Ken Paxton served on 10/29/2018, answer due 11/19/2018. (daj, ) |
| Filing 55 SUMMONS Returned Executed Ray Wheeless served on 10/29/2018, answer due 11/19/2018. (daj, ) |
| Filing 54 SUMMONS Returned Executed David Ripple served on 10/29/2018, answer due 11/19/2018. (daj, ) |
| Filing 53 SUMMONS Returned Executed Collin County Texas served on 10/29/2018, answer due 11/13/2018. (daj, ) |
| Filing 52 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss by Collin County Texas, David Ripple. (Attachments: #1 Text of Proposed Order)(Davis, Robert) |
| Filing 51 MOTION to Dismiss by Collin County Texas, David Ripple. (Attachments: #1 Exhibit Register of Actions District, #2 Exhibit Register of Actions County, #3 Exhibit State Court Lawsuit, #4 Exhibit Order Granting Plea, #5 Exhibit Order of Sanctions, #6 Exhibit Register of Actions Criminal, #7 Exhibit Facesheet Gallagher, #8 Exhibit Kiosk Requests, #9 Exhibit Guilty Plea, #10 Exhibit Discharge Order, #11 Exhibit Case Records Search, #12 Text of Proposed Order)(Davis, Robert) |
| Filing 50 NOTICE of Attorney Appearance by Frank A King on behalf of Ray Wheeless (King, Frank) |
| Filing 49 NOTICE of Attorney Appearance by Robert Jacob Davis on behalf of Collin County Texas, David Ripple (Davis, Robert) |
| Filing 48 Mail Returned as Undeliverable. ORDER #38 mailed to RYAN GALLAGHER RETURNED MARKED "UNCLAIMED". (baf, ) |
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Filing 47
ORDER finding as moot #40 Motion to Proceed. Signed by Magistrate Judge Christine A. Nowak on 10/24/2018. (daj, )
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| Filing 46 SUMMONS Issued as to Ken Paxton, forwarded to USM for service. (daj, ) |
| Filing 45 SUMMONS Issued as to Ray Wheeless, forwarded to USM for service. (daj, ) |
| Filing 44 SUMMONS Issued as to David Ripple, forwarded to USM for service. (daj, ) |
| Filing 43 SUMMONS Issued as to Collin County Texas, forwarded to USM for service. (daj, ) |
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Filing 42
ORDER DIRECTING ISSUANCE OF SUMMONS. ORDERED that the Clerk of Court is directed to prepare and shall issue process with the addresses provided by Plaintiff [see Dkt. 39]. The United States Marshal shall serve process upon the Defendants, without cost to Plaintiff, within (30) days of receiving completed process from the Clerk of the Court. Signed by Magistrate Judge Christine A. Nowak on 10/16/2018. (daj, )
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| Filing 41 NOTICE of Defendant Address by Ryan Gallagher (Attachments: #1 Envelope(s))(daj, ) |
| Filing 40 MOTION to Proceed by Ryan Gallagher. (Attachments: #1 Exhibit Documents, #2 Envelope(s))(rpc, ) |
| Filing 39 AMENDED COMPLAINT against All Defendants, filed by Ryan Gallagher. (Attachments: #1 Envelope(s))(baf, ) |
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Filing 38
ORDER. IT IS THEREFORE ORDERED that within twenty-one (21) days of the date of this Order, Plaintiff shall file an Amended Complaint. Signed by Magistrate Judge Christine A. Nowak on 9/11/2018. (daj, )
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| Filing 37 Additional Attachments to Main Document: #36 MOTION (Attachments: #1 Envelope(s))(baf, ) |
| Filing 36 MOTION for Writs of Quo Warranto, Prohibition and Mittimus by Ryan Gallagher. (Attachments: #1 Envelope(s))(baf, ) |
| Filing 35 Case assigned to District Judge Amos L. Mazzant, III and referred to Magistrate Judge Christine A. Nowak. (Attachments: #1 Magistrate referral) (daj, ) |
| Filing 34 Case transferred in from District of Texas Northern; Case Number 3:18-cv-01729. Original file certified copy of transfer order and docket sheet received. |
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Filing 33
Order Transferring to Another District: Case transferred to Sherman Division of Eastern District of Texas. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/13/2018) (mcrd) [Transferred from Texas Northern on 8/13/2018.]
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| Filing 32 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint Federal Case Regarding Scientology E-Meter (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. ***Consent form mailed to Pro Se plaintiff. (daj, ) |
| Note: Pursuant to Local Rule CV 7(j), any motions pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court. (daj, ) |
| Filing 31 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint How to Make This Decision Without Setting a Racist Precedent (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 30 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint White Skin Does Not Make Me White (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 29 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint Declaratory Relief Sought (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 28 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint Ex Parte Young (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 27 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint Federal Question Jurisdiction (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 26 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint The Sanctions Are Not Legal and Are Void AB INITIO (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 25 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint (Attachments: #1 Additional Page(s) State and Federal Court Sanctions Case Law) (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 24 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint (Attachments: #1 Additional Page(s) My Response to the Counties Denfense (In the Same Counties Court, ignored by that Court to protect itself), #2 Additional Page(s) My Response to the Threat of Sanctions from the County (in that same County Court, ignored by the Court to protect itself)) (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 23 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint The Determinitive Case Law, that I or the Government may want to Challenge with Rule 5.1 (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 22 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint The Burden of Broof and the Civil Rights Act of 1964 in relation to Religious Substance Use (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 21 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint Memo of Law (Submitted as Motion to Dismiss in 2015 Collin County Criminal Court Hearing before State Removed themselves) (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 20 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 19 Appendix in Support filed by Ryan Gallagher re #18 Amended Complaint (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 18 AMENDED COMPLAINT against Robert E Davis, Ken Paxton filed by Ryan Gallagher. (One or more defendant(s) is no longer named.) Clerk to issue summons(es). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Proposed Amendment, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s)) (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 17 Brief/Memorandum in Support filed by Ryan Gallagher re #16 Brief/Memorandum in Support of Motion, (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 16 Brief/Memorandum in Support filed by Ryan Gallagher re #14 Brief/Memorandum in Support of Motion, (Attachments: #1 Exhibit(s) DEA Exemption Process, #2 Additional Page(s) Memorandum of Law, #3 Additional Page(s) 9th Amendment, Statutory Interpretation and Chevron Deference) (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 15 Appendix in Support filed by Ryan Gallagher re #14 Brief/Memorandum in Support of Motion, #4 Order And Notice of Deficiency, (Attachments: #1 Additional Page(s) These are the Initial Documents Filed in the Collin County District Court 417-01458-2017 (Tort Claim), #2 Antinomy Brief (Rule 5.1 Challenge to Federal and State Controlled Substances Acts)) (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 14 Brief/Memorandum in Support filed by Ryan Gallagher re #8 Order And Notice of Deficiency (Attachments: #1 Exhibit(s) Baackground Check in 2016 with Felony County Says never Existed; 2010 Dismissal of same Felony on County Website (now removed); State Revocing Probation and Removing themselves from Case) (Gallagher, Ryan) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 13 ADDITIONAL ATTACHMENTS to #11 Motion to Waive Pacer Fees by Plaintiff Ryan Gallagher. (epm) [Transferred from Texas Northern on 8/13/2018.] |
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Filing 12
ORDER denying the Motion to Waive Fees, filed on 8/3/2018 (doc. #11 ). (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/7/2018) (mcrd) (Main Document 12 in order to removed erroneous page replaced on 8/7/2018) (epm). [Transferred from Texas Northern on 8/13/2018.]
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| Filing 11 MOTION to Waive Pacer Fees filed by Ryan Gallagher (ykp) [Transferred from Texas Northern on 8/13/2018.] |
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Filing 10
ORDER re: the plaintiff's #9 Application to Proceed In District Court without Prepaying Fees or Costs (Short Form). The application is hereby GRANTED under 28 U.S.C. 1915, and the plaintiff may proceed in forma pauperis. The #6 Motion to continue in forma pauperis, filed on 7/16/2018, is DEEMED MOOT. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/2/2018) (mcrd) [Transferred from Texas Northern on 8/13/2018.]
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| Filing 9 MOTION for Leave to Proceed in forma pauperis filed by Ryan Gallagher. (axm) [Transferred from Texas Northern on 8/13/2018.] |
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Filing 8
Order and Notice of Deficiency: Ryan Gallagher must address the following deficiency: The Motion to continue in forma pauperis does not provide sufficient information for determination of whether the plaintiff should be allowed to proceed in forma pauperis. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 7 days. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 7/17/2018) (Attachments: #1 IFP) (epm) [Transferred from Texas Northern on 8/13/2018.]
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Filing 7
Magistrate Judge's Questionnaire sent to REV. RYAN "SASHA" GALLAGHER. Deadline to respond to the questionnaire is 14 days. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 7/17/2018) (mcrd) [Transferred from Texas Northern on 8/13/2018.]
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| Filing 6 MOTION to continue in forma pauperis, filed by Ryan Gallagher. (ran) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 5 ADDITIONAL ATTACHMENTS to #3 Complaint by Plaintiff Ryan Gallagher. (rekc) [Transferred from Texas Northern on 8/13/2018.] |
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Filing 4
Order and Notice of Deficiency: Ryan Gallagher must address the following deficiency: You have not paid the filing fee for this case or submitted a request to proceed in forma pauperis. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 14 days. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 7/5/2018) (rekc) (Additional attachment(s) added on 7/5/2018: #1 IFP form) (rekc). [Transferred from Texas Northern on 8/13/2018.]
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| Filing 3 COMPLAINT against Robert E Davis, Judge Willis, Ken Paxton filed by Ryan Gallagher. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (sss) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 2 Notice and Instruction to Pro Se Party. (sss) [Transferred from Texas Northern on 8/13/2018.] |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Ramirez (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (sss) [Transferred from Texas Northern on 8/13/2018.] |
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