Cherry v. Unidentified Defendants
| Earl Mayo Cherry, Jr |
| Unidentified Third Party, Unidentified Medical Staff Officials, Unidentified Defendants, Fannin County Detention Center, I H S Pharmacy, U S Marshal Service, Jason Watkins and Monique Gonzalez |
| 4:2019cv00657 |
| September 11, 2019 |
| US District Court for the Eastern District of Texas |
| Kimberly C Priest Johnson |
| Sean D Jordan |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 32
ORDER TO REPLEAD. ORDERED that Plaintiff shall have thirty (30) days from receipt of this Order to file an amended complaint on the standardized 1983 lawsuit form for prisoners. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/7/2019. (daj, )
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Filing 31
ORDER denying #6 Motion to Appoint Counsel, subject to later appointment if it is determined that counsel is necessary. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/7/2019. (daj, )
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Filing 30
ORDER for Initial Partial Filing Fee of $6.46 within 30 days for Earl Mayo Cherry, Jr.. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/7/2019. (daj, )
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| Filing 29 ACKNOWLEDGMENT OF RECEIPT by Earl Mayo Cherry, Jr as to #19 Report and Recommendations. (daj, ) |
| Filing 28 SEALED ADDITIONAL ATTACHMENTS (Medical Records, Exhibit "77") to Main Document: #27 Memorandum of Law. (daj, ) |
| Filing 27 MEMORANDUM OF LAW filed by Earl Mayo Cherry, Jr. (Attachments: #1 Contents, #2 Contents Affidavit Statements, #3 Standard Offense Reports "X", "Z", #4 Exhibits "K", "99", "22", #5 Exhibit "Y", #6 Exhibit "17", #7 Exhibit "88", #8 Exhibits "M", "N", #9 Exhibit "O", #10 Exhibit "F", #11 Exhibit "GG", #12 Supplement Envelope included in package, #13 Envelope(s))(daj, ) |
| Filing 26 MOTION to Appoint Counsel by Earl Mayo Cherry, Jr. (Attachments: #1 Exhibit "51")(daj, ) |
| Filing 25 NOTICE of Change of Address by Earl Mayo Cherry, Jr (daj, ) |
| Filing 24 Declaration of Marshal Ware Jr, by Earl Mayo Cherry, Jr (Attachments: #1 BBB, #2 Envelope(s))(daj, ) |
| Filing 23 Declaration of Juan Arellane, by Earl Mayo Cherry, Jr (Attachments: #1 B3B)(daj, ) |
| Filing 22 Declaration of Jeremy Roy Slatton, by Earl Mayo Cherry, Jr (Attachments: #1 BB)(daj, ) |
| Filing 21 Declaration of Ernesto Medrano, by Earl Mayo Cherry, Jr (Attachments: #1 B1, #2 B2)(daj, ) |
| Filing 20 Correspondence from Earl M Cherry Jr (Attachments: #1 Supplement, #2 Exhibit #7, #3 Inmate/Detainee Grievance Form, #4 Envelope(s)) (daj, ) |
| Filing 19 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #8 MOTION for Preliminary Injunction filed by Earl Mayo Cherry, Jr. The Court recommends that the Plaintiff's motion for preliminary injunction (Dkt. #8) be denied. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/16/2019. (daj, ) |
| Filing 18 Correspondence from Earl M Cherry (Attachments: #1 Envelope(s)) (daj, ) |
| Filing 17 DECLARATION filed by Earl Mayo Cherry, Jr. (Attachments: #1 Cover, #2 Envelope(s))(daj, ) |
| Filing 15 Case reassigned to District Judge Sean D. Jordan and referred to Magistrate Judge Kimberly C Priest Johnson. (Attachments: #1 Magistrate referral) (daj, ) |
| Filing 14 Case transferred in from District of Louisiana Western; Case Number 5:19-cv-01029. Original file certified copy of transfer order and docket sheet received. |
| 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 plaintiff. (daj, ) |
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Filing 13
MEMORANDUM ORDER: IT IS ORDERED that the Clerk of Court TRANSFER the above captioned case to the United States District Court for the Eastern District of Texas, the district in which the alleged cause of action arose. IT IS FURTHER ORDERED that a determination of Plaintiff's pauper status herein be and it is hereby deferred to the transferee court for resolution and disposition. Signed by Magistrate Judge Mark L Hornsby on 9/10/2019. (crt,Haik, K) [Transferred from Louisiana Western on 9/11/2019.]
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| Filing 12 AFFIDAVIT STATEMENT by Earl Mayo Cherry, Jr. (Attachments: #1 Letter from plaintiff, #2 Exhibits, #3 Blank accounts officer page, #4 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 9/11/2019.] |
| Filing 11 EXHIBITS re #4 Complaint, #1 Complaint by Earl Mayo Cherry, Jr. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 9/11/2019.] |
| Filing 10 EXHIBITS re #4 Complaint, #1 Complaint by Earl Mayo Cherry, Jr. (Attachments: #1 Exhibits, #2 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 9/11/2019.] |
| Filing 9 LETTER in Support re #6 MOTION to Appoint Counsel filed by Earl Mayo Cherry, Jr. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 9/11/2019.] |
| Filing 8 MOTION for Order to Show Cause for Preliminary Injunction by Earl Mayo Cherry, Jr. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 9/11/2019.] |
| Filing 7 DECLARATION by Earl Mayo Cherry, Jr. (Attachments: #1 Exhibits, #2 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 9/11/2019.] |
| Filing 6 MOTION to Appoint Counsel by Earl Mayo Cherry, Jr. Motions referred to Magistrate Judge Mark L Hornsby. (Attachments: #1 Exhibits, #2 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 9/11/2019.] |
| Filing 5 DEFICIENT? MOTION for Leave to Proceed in forma pauperis by Earl Mayo Cherry, Jr. (No Accounts officer page. Clerk resent page with a note stating it must be completed.) Motions referred to Magistrate Judge Mark L Hornsby. (Attachments: #1 Exhibits, #2 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 9/11/2019.] |
| Filing 4 COMPLAINT against U S Marshal Service, Fannin County Detention Center, Monique Gonzalez, Jason Watkins, I H S Pharmacy, Unidentified Medical Staff Officials, Unidentified Third Party with Jury Demand filed by Earl Mayo Cherry, Jr. (Attachments: #1 Proposed summons, #2 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 9/11/2019.] |
| Motions Transferred regarding #8 MOTION for Order to Show Cause for Preliminary Injunction. Motions referred to Magistrate Judge Mark L Hornsby. (crt,Haik, K) [Transferred from Louisiana Western on 9/11/2019.] |
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Filing 3
MEMORANDUM ORDER: Plaintiff failed to submit documents on approved forms. Plaintiff failed to submit filing fee or a completed IFP application. Pro Se Deadline to comply with deficiency set for 9/11/2019. Signed by Magistrate Judge Mark L Hornsby on 8/12/2019. (Attachments: #1 1983 form, #2 ifp form)(crt,Haik, K) [Transferred from Louisiana Western on 9/11/2019.]
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| Filing 2 PROPOSED MEMORANDUM ORDER referred to Magistrate Judge Mark L Hornsby. (Public entry, but no electronic notice). (crt,Thigpen, M) [Transferred from Louisiana Western on 9/11/2019.] |
| CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Mark L Hornsby. (crt,Thigpen, M) [Transferred from Louisiana Western on 9/11/2019.] |
| Filing 1 DEFICIENT COMPLAINT against Unidentified Defendants filed by Earl Mayo Cherry, Jr. (Attachments: #1 Cover Letter, #2 Envelope)(crt,Williams, L) (Additional attachment(s) added on 8/8/2019: #3 Civil cover sheet) (Williams, L). [Transferred from Louisiana Western on 9/11/2019.] |
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