Fobbs v. Simmons et al
| Joshua Fobbs |
| Blake Simmons, Timothy Gibson, Colton Roelofs, Zachary Jefferson and James Johnson |
| 4:2022cv01030 |
| December 6, 2022 |
| U.S. District Court for the Eastern District of Texas |
| Sean D Jordan |
| Christine A Nowak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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| Document Text |
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| Filing 19 REPLY to Response to Motion re #17 MOTION to Dismiss & Brief in Support filed by Timothy Gibson, Zachary Jefferson, James Johnson, Colton Roelofs. (Curley, Kevin) |
| Filing 18 RESPONSE to Motion re #17 MOTION to Dismiss & Brief in Support filed by Joshua Fobbs. (Attachments: #1 Envelope(s))(daj, ) |
| Filing 17 MOTION to Dismiss & Brief in Support by Timothy Gibson, Zachary Jefferson, James Johnson, Colton Roelofs. (Attachments: #1 Text of Proposed Order Granting Defendants' Motion to Dismiss)(Curley, Kevin) |
| Filing 16 Case reassigned to District Judge Sean D. Jordan and referred to Magistrate Judge Christine A. Nowak. (Attachments: #1 Magistrate referral) (daj, ) |
| Filing 15 Case transferred in from District of Texas Northern; Case Number 3:22-cv-01801. Original file certified copy of transfer order and docket sheet received. |
| 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, ) |
| 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. (daj, ) |
Filing 14
ORDER TRANSFERRING CASE: It has now become apparent that venue is not proper in this federal judicial district. Insofar as the motion to dismiss reveals that the defendants are Frisco police officers, Frisco is a municipality in Collin and Denton counties, both of which lie within the Sherman Division of the Eastern District of Texas. See 28 U.S.C. 124(c)(3). This action will therefore be transferred to that federal judicial district and division under Section 1391(b) and the undersigned's authority granted by Rule 2(a)(3) of the Court's Miscellaneous Order No. 6 on December 1, 2022 to allow any party to file an objection to the Judge Boyle within 14 days after being served with a copy of this order, see FED. R. CIV. P. 72(a). (Ordered by Magistrate Judge David L. Horan on 11/10/2022) (mcrd) [Transferred from Texas Northern on 12/6/2022.]
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| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Timothy Gibson, Zachary Jefferson, James Johnson, Colton Roelofs. (Clerk QC note: Affiliate entry indicated). (Curley, Kevin) (Main Document 13 replaced/flattened PDF on 11/8/2022) (ygl).[Transferred from Texas Northern on 12/6/2022.] |
| Filing 12 DEMAND for Trial by Jury by Timothy Gibson, Zachary Jefferson, James Johnson, Colton Roelofs. (Curley, Kevin) [Transferred from Texas Northern on 12/6/2022.] |
| Filing 11 Brief/Memorandum in Support filed by Timothy Gibson, Zachary Jefferson, James Johnson, Colton Roelofs re #10 Motion to Dismiss for Failure to State a Claim (Curley, Kevin) [Transferred from Texas Northern on 12/6/2022.] |
| Filing 10 Motion to Dismiss for Failure to State a Claim filed by Timothy Gibson, Zachary Jefferson, James Johnson, Colton Roelofs Attorney Kevin M Curley added to party Timothy Gibson(pty:dft), Attorney Kevin M Curley added to party Zachary Jefferson(pty:dft), Attorney Kevin M Curley added to party James Johnson(pty:dft), Attorney Kevin M Curley added to party Colton Roelofs(pty:dft) (Curley, Kevin) [Transferred from Texas Northern on 12/6/2022.] |
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Filing 9
STANDING ORDER OF REFERENCE: This case is hereby referred to to Magistrate Judge David L. Horan for pretrial management. (Ordered by Judge Jane J Boyle on 10/12/2022) (svc) [Transferred from Texas Northern on 12/6/2022.]
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Filing 8
ORDER TERMINATING MOTION AS MOOT, REGARDING SCREENING AND SERVICE, AND RETURNING CASE TO THE DISTRICT JUDGE: The Court therefore ABATES Fobbs's obligation to file an amended complaint, as the Court may no longer screen his claims under the IFP statute. The Court further advises Fobbs that, if proper service is not made and shown to the Court through filed proofs of service or filed waivers of service before the 90th day after the filing of this action (on August 16, 2022) that is not a Saturday, Sunday, or legal holiday which, here, will be November 14, 2022 this case is subject to dismissal without prejudice unless it is shown that there is (1) good cause for the failure to timely and properly effect service and (2) good cause for the Court to extend the time for service for an appropriate period. And, because screening is now complete, that referral TERMINATES, and this case is RETURNED to Judge Boyle. (Ordered by Magistrate Judge David L. Horan on 10/12/2022) (axm) Modified on 10/18/2022 (mcrd). [Transferred from Texas Northern on 12/6/2022.]
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| Filing 7 Summons Issued as to Timothy Gibson, Zachary Jefferson, James Johnson, Colton Roelofs, Blake Simmons. (mlb) [Transferred from Texas Northern on 12/6/2022.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Tue Aug 23 08:57:32 CDT 2022 (crt) [Transferred from Texas Northern on 12/6/2022.] |
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Filing 6
NOTICE OF DEFICIENCY AND ORDER REGARDING LEAVE TO PROCEED IN FORMA PAUPERIS: Joshua Fobbs must address the following deficiency: Fobbs either pay the $402 filing fee or file an amended IFP. 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 9/21/2022. (Ordered by Magistrate Judge David L. Horan on 8/22/2022) (frw) [Transferred from Texas Northern on 12/6/2022.]
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Filing 5
NOTICE OF DEFICIENCY AND ORDER REQUIRING AMENDED COMPLAINT: Joshua Fobbs must address the following deficiency: complaint lacks sufficient facts to determine whether any civil claim he alleges is plausible. The Court therefore enters this order to allow Fobbs an opportunity to cure this deficiency by filing an amended complaint. 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 9/21/2022. (Ordered by Magistrate Judge David L. Horan on 8/22/2022) (frw) Modified on 8/24/2022 (mcrd). [Transferred from Texas Northern on 12/6/2022.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Mon Aug 22 14:08:31 CDT 2022 (crt) [Transferred from Texas Northern on 12/6/2022.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Wed Aug 17 10:04:46 CDT 2022 (crt) [Transferred from Texas Northern on 12/6/2022.] |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Joshua Fobbs. (axm) [Transferred from Texas Northern on 12/6/2022.] |
| Filing 3 COMPLAINT against Timothy Gibson, Zachary Jefferson, James Johnson, Colton Roelofs, Blake Simmons filed by Joshua Fobbs. 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. (axm) [Transferred from Texas Northern on 12/6/2022.] |
| Filing 2 Notice and Instruction to Pro Se Party. (axm) [Transferred from Texas Northern on 12/6/2022.] |
| Filing 1 New Case Notes: A filing fee has not been paid. SCREEN case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter or electronically. 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (axm) [Transferred from Texas Northern on 12/6/2022.] |
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